Resolving Conflicts Between Human Rights : The Judge's Dilemma
Language: English
Published by Taylor & Francis Nov 2016, 2016
Series: Book 38 of 101 - Routledge Research in Human Rights Law
- Hardcover
- New
Seller: AHA-BUCH GmbH, Einbeck, GermanyAHA-BUCH GmbH
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Add to basketItem description from seller
Neuware - Under the influence of the global spread of human rights, legal disputes are increasingly framed in human rights terms. Parties to a legal dispute can often invoke human rights norms in support of their competing claims. Yet, when confronted with cases in which human rights conflict, judges face a dilemma. They have to make difficult choices between superior norms that deserve equal respect. In this high-level book, the author sets out how judges the world over could resolve conflicts between human rights. He presents an innovative legal theoretical account of such conflicts, questioning the relevance of the influential proportionality test to their resolution. Instead, the author develops a novel resolution framework, specifically designed to tackle human rights conflicts. The book combines concerted normative theory with profound practical analysis, firmly rooting its theoretical arguments in human rights practice. Although the analysis draws primarily on the case law of the European Court of Human Rights, the book's core arguments are applicable to judicial practice in general. As such, the book should be of great interest to academics, postgraduate students and legal practitioners in Europe and beyond. The book is particularly suited for use in advanced courses on legal theory, human rights law and jurisprudence.…
Seller Inventory # 9781138658011
- Title
- Resolving Conflicts Between Human Rights : The Judge's Dilemma
- Author
- Stijn Smet
- Publisher
- Taylor & Francis Nov 2016
- Publication year
- 2016
- Condition
- Neu
- Binding
- Buch
- Language
- English
- ISBN 10
- 1138658014
- ISBN 13
- 9781138658011
- Item weight
- 476 grams
- Dimensions
- 234x160x18 mm
- Series
- Book 38 of 101: Routledge Research in Human Rights Law
Under the influence of the global spread of human rights, legal disputes are increasingly framed in human rights terms. Parties to a legal dispute can often invoke human rights norms in support of their competing claims. Yet, when confronted with cases in which human rights conflict, judges face a dilemma. They have to make difficult choices between superior norms that deserve equal respect. In this high-level book, the author sets out how judges the world over could resolve conflicts between human rights. He presents an innovative legal theoretical account of such conflicts, questioning the relevance of the influential proportionality test to their resolution. Instead, the author develops a novel resolution framework, specifically designed to tackle human rights conflicts. The book combines concerted normative theory with profound practical analysis, firmly rooting its theoretical arguments in human rights practice. Although the analysis draws primarily on the case law of the European Court of Human Rights, the book’s core arguments are applicable to judicial practice in general. As such, the book should be of great interest to academics, postgraduate students and legal practitioners in Europe and beyond. The book is particularly suited for use in advanced courses on legal theory, human rights law and jurisprudence.
"Synopsis" may belong to another edition of this title.
About the Author
Stijn Smet is Postdoctoral Fellow at the Law School of Ghent University. His research interests are human rights, legal theory and political theory. He has published on human rights conflicts in Human Rights Law Review, American University International Law Review and Religion & Human Rights.
"About the title" may belong to another edition of this title.
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