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The Resource Resolving conflicts between human rights : the judge's dilemma, Stijn Smet

Resolving conflicts between human rights : the judge's dilemma, Stijn Smet

Creator
Summary
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. --
Language
eng
Work
Publication
Extent
viii, 235 pages
Contents
  • Conflicts between human rights : it does really make a difference
  • Defining conflicts between human rights
  • Defusing and minimizing conflicts between human rights
  • Difficulties in balancing human rights
  • Theoretical challenges to balancing human rights
  • Practical obstacles to balancing human rights
Isbn
9781138658011
Instance
Label
Resolving conflicts between human rights : the judge's dilemma
Title
Resolving conflicts between human rights
Title remainder
the judge's dilemma
Statement of responsibility
Stijn Smet
Creator
Subject
Language
eng
Summary
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. --
Member of
Assigning source
Provided by publisher
Cataloging source
DLC
http://library.link/vocab/creatorName
Smet, Stijn
Index
index present
Literary form
non fiction
Nature of contents
bibliography
Series statement
Routledge research in human rights law
http://library.link/vocab/subjectName
  • Human rights
  • Civil rights
Label
Resolving conflicts between human rights : the judge's dilemma, Stijn Smet
Instantiates
Publication
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
Conflicts between human rights : it does really make a difference -- Defining conflicts between human rights -- Defusing and minimizing conflicts between human rights -- Difficulties in balancing human rights -- Theoretical challenges to balancing human rights -- Practical obstacles to balancing human rights
Control code
ocn952470727
Dimensions
24 cm.
Extent
viii, 235 pages
Isbn
9781138658011
Lccn
2016029868
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
(OCoLC)952470727
Label
Resolving conflicts between human rights : the judge's dilemma, Stijn Smet
Publication
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
Conflicts between human rights : it does really make a difference -- Defining conflicts between human rights -- Defusing and minimizing conflicts between human rights -- Difficulties in balancing human rights -- Theoretical challenges to balancing human rights -- Practical obstacles to balancing human rights
Control code
ocn952470727
Dimensions
24 cm.
Extent
viii, 235 pages
Isbn
9781138658011
Lccn
2016029868
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
(OCoLC)952470727

Subject

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