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 human rights 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 what extent 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 principled and 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 forward in the ongoing debate on conflicts of rights at Europe's human rights court.
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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.
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PART I - GENERAL APPROACHES; PART II - SPECIFIC CONFLICTS
Overall, When Human Rights Clash at the European Court of Human Rights is an important collection of writings that will prove useful for legal practitioners and judges. There is also much in the edited volume for students and scholars of human rights law to engage with and enjoy. ... The chapters in the edited volume and their comparison and systematisation by Smet in the introduction make an input that not only helps in understanding the existing dynamics, but that can also influence them.
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Provides thorough analysis of leading Judgments of the ECtHR on human rights conflicts, including: freedom of expression versus right to reputation (defamation) and freedom of religion versus right to private life Sets out different theoretical approaches to human rights conflicts, offering new insights Offers practical solutions to human rights conflicts
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Provides thorough analysis of leading Judgments of the ECtHR on human rights conflicts, including: freedom of expression versus right to reputation (defamation) and freedom of religion versus right to private life Sets out different theoretical approaches to human rights conflicts, offering new insights Offers practical solutions to human rights conflicts
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Produktdetaljer

ISBN
9780198795957
Publisert
2017
Utgiver
Vendor
Oxford University Press
Vekt
584 gr
Høyde
240 mm
Bredde
179 mm
Dybde
23 mm
Aldersnivå
UP, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
286