Resolving Conflicts between Human Rights: The Judge's Dilemma

Name: Resolving Conflicts between Human Rights: The Judge's Dilemma
Brand: Atlantic Books
SKU: 9780367075668
Price: 4315.0 INR
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by Stijn Smet

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ISBN13: 9780367075668
Binding: Paperback
Subject: N/A
Publisher: Routledge
Publisher Imprint: Routledge
Publication Date: October 18, 2018
Pages: 244
Original Price: GBP 50.99
Language: English
Edition: 1
Item Weight: 345 grams
BISAC Subject(s): Civil Rights

About The Book

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.

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.

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