When Human Rights Clash at the European Court of Human Rights (Hardcover)

Language: English

Published by Oxford University Press, Oxford, 2017

0198795955 / 9780198795957

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Hardcover. The notion of conflict rests at the heart of the judicial function. Judges are routinely asked to resolve disputes and defuse tensions. Yet, when judges are called upon to adjudicate a purported conflict between human rights, they face particular challenges and must address specific questions. Some of these concern the very existence of human rights conflicts. Can human rights really conflict with one another, in terms of mutual incompatibility? Or should humanrights be interpreted in harmony with one another? Other questions concern the resolution of real conflicts. To the extent that human rights do conflict, how should these conflicts be resolved? To whatextent is balancing desirable? And if it is desirable, which understanding of balancing should judges employ? This book seeks to provide both theoretical and practical answers to these questions.When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? debates both the existence and resolution of human rights conflicts, in the specific context of the case law of the European Court of Human Rights. The contributors put forth principledand pragmatic arguments and propose theoretical as well as practical approaches, whilst firmly embedding their proposals in the case law of the European Court. Doing so, this book provides concrete ways forwardin the ongoing debate on conflicts of rights at Europe's human rights court. This book answers a number of central questions in the ongoing scholarly and judicial debate on conflicts of human rights. Throughout this text, contributors provide both theoretical and practical answers by debating the very existence of human rights clashes as well as their resolution. This item is printed on demand. Shipping may be from our UK warehouse or from our Australian or US warehouses, depending on stock availability.…

Seller Inventory # 9780198795957

Title
When Human Rights Clash at the European Court of Human Rights (Hardcover)
Author
Stijn Smet
Publisher
Oxford University Press, Oxford
Publication year
2017
Condition
new
Binding
Hardcover
Language
English
ISBN 10
0198795955
ISBN 13
9780198795957

CitiRetail

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