Damages and Human Rights

Public lawyers and private lawyers (if that distinction has real meaning), human-rights lawyers and legal theorists, and everyone with an interest in having a principled regime for making ubi ius, ibi remedium a practical reality, will find much food for thought in the book; even those who reject the conclusions will benefit from having to confront the manifest strengths of the argument. The book will quickly become the standard point of reference in its field. It is a pleasure to congratulate Dr Varuhas on this sustained, intellectually powerful and practically important piece of legal scholarship, and to commend it to the many readers, in many parts of the world, where it will, I hope, stimulate new approaches to the practice and theory of the subject. * From the Foreword by Professor David Feldman QC (Hon) FBA, Rouse Ball Professor of English Law, University of Cambridge * a significant work of original scholarship (...) I cannot help but to have the feeling that the book is destined to be instrumental in changing the perception of human rights as lying in a realm of public law, and of tort as lying in a separate realm of private law (...) On any view, this is a book that is likely to be read, widely and often. -- Justice Gageler, High Court of Australia * Public Law Review * ...a thought-provoking book which represents a valuable contribution to legal scholarship. It treats a subject of significance to lawyers, to judges and, most importantly, to those who wish to use the law to protect and vindicate their human rights. -- Matthew S R Palmer, Judge of the High Court of New Zealand * Modern Law Review * Varuhas cites several cases which I decided at first instance. If I had had the benefit of some of his arguments, I might have made different decisions in some of those cases, and given better reasons in others. Any advocate or court considering these arguments will be greatly indebted to this scholarly, comprehensive and thoughtful work. -- Michael Tugendhat, formerly one of Her Majesty's Justices * Cambridge Law Journal *

Jason NE Varuhas is a Professor of Law at the University of Melbourne. He is also an Associate Fellow of the University of Cambridge Centre for Public Law. He was formerly Senior Lecturer, University of New South Wales, Junior Research Fellow, Christ's College and Affiliated Lecturer, Faculty of Law, University of Cambridge. He has published widely in the fields of public law, tort law and remedies, and his work has been cited by courts in the UK, Australia and New Zealand. His book Damages and Human Rights (Hart 2016) was awarded the 2016 UK Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship and the 2018 Inner Temple New Authors Book Prize.

1. Introduction Part 1: A Tort-Based Approach to Damages for Human Rights Breaches 2. The Tort Framework 3. A Tort-Based Approach to Human Rights Damages Part 2: Human Rights Damages and the Public Law - Private Law Distinction 4. The Public Law - Private Law Distinction SECTION 1. THE PUBLIC LAW - PRIVATE LAW DISTINCTION AS A TOOL FOR LEGAL DEVELOPMENT SECTION 2. THE PUBLIC LAW - PRIVATE LAW DISTINCTION AND HUMAN RIGHTS DAMAGES Part 3: Alternative Approaches to Damages for Human Rights Breaches 5. Human Rights Damages and 'Just Satisfaction' : SECTION 1. THE TERMS OF THE HRA SECTION 2. THE SUPRANATIONAL DIMENSION SECTION 3. THE METHODOLOGY OF THE MIRROR APPROACH SECTION 4. THE FUTURE OF THE MIRROR APPROACH POST- FAULKNER SECTION 5. OVERVIEW 6. Interest-Balancing Approaches SECTION 1: DOCTRINAL ANALYSIS OF THE INTEREST-BALANCING APPROACH SECTION 2: NORMATIVE ANALYSIS OF THE INTEREST-BALANCING APPROACH SECTION 3. CONCLUSIONS 7. Other Methods of Limiting Human Rights Damages 8. Conclusion