When Human Rights Clash at the European Court of Human Rights

When Human Rights Clash at the European Court of Human Rights
Author :
Publisher : Oxford University Press
Total Pages : 289
Release :
ISBN-10 : 9780198795957
ISBN-13 : 0198795955
Rating : 4/5 (955 Downloads)

Book Synopsis When Human Rights Clash at the European Court of Human Rights by : Stijn Smet

Download or read book When Human Rights Clash at the European Court of Human Rights written by Stijn Smet and published by Oxford University Press. This book was released on 2017 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


When Human Rights Clash at the European Court of Human Rights Related Books

When Human Rights Clash at the European Court of Human Rights
Language: en
Pages: 289
Authors: Stijn Smet
Categories: Law
Type: BOOK - Published: 2017 - Publisher: Oxford University Press

DOWNLOAD EBOOK

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 cal
Treaty Conflict and the European Union
Language: en
Pages: 285
Authors: Jan Klabbers
Categories: Law
Type: BOOK - Published: 2009 - Publisher: Cambridge University Press

DOWNLOAD EBOOK

Jan Klabbers examines how membership of the European Union affect treaties concluded between the member and non-member states.
Human rights and criminal procedure
Language: en
Pages: 529
Authors: Jeremy McBride
Categories: Political Science
Type: BOOK - Published: 2018-06-18 - Publisher: Council of Europe

DOWNLOAD EBOOK

A practical tool for legal professionals who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the Europea
Protecting the right to freedom of expression under the European Convention on Human Rights
Language: en
Pages: 124
Authors: Bychawska-Siniarska, Dominika
Categories: Political Science
Type: BOOK - Published: 2017-08-04 - Publisher: Council of Europe

DOWNLOAD EBOOK

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedo
Parliaments and the European Court of Human Rights
Language: en
Pages: 369
Authors: Alice Donald
Categories: Law
Type: BOOK - Published: 2016 - Publisher: Oxford University Press

DOWNLOAD EBOOK

Through empirical assessment of the role of the parliaments of the UK, the Netherlands, Germany, Ukraine, and Romania, this book addresses the theme of how enga