Resolving Conflicts between Human Rights (Routledge Research in Human Rights Law) - Hardcover

Book 38 of 101: Routledge Research in Human Rights Law

Smet, Stijn

 
9781138658011: Resolving Conflicts between Human Rights (Routledge Research in Human Rights Law)
Hardcover
ISBN 10: 1138658014 ISBN 13: 9781138658011
Publisher: Routledge, 2016

Synopsis

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.

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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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Publisher
Routledge
Publication date
2016
Language
English
ISBN 10 
1138658014
ISBN 13 
9781138658011
Binding
Hardcover
Edition number
1
Number of pages
244

Other Popular Editions of the Same Title

9780367075668: Resolving Conflicts between Human Rights: The Judge's Dilemma (Routledge Research in Human Rights Law)

Featured Edition

ISBN 10:  0367075660 ISBN 13:  9780367075668
Publisher: Routledge, 2018
Softcover