Resolving Conflicts Between Human Rights : The Judge's Dilemma

Stijn Smet

ISBN 10: 1138658014 / ISBN 13: 9781138658011

Published by Taylor & Francis Nov 2016, 2016

About this Item

Neuware - With the spread of human rights language and instruments, court cases that were previously dealt with in terms of national law are increasingly framed in human rights terms. In Europe both parties to a legal dispute at the national level can often rely on the human rights norms of the ECHR to support their competing claims. This book explores how such conflicts between human rights can be defined and considers whether such conflicts pose particular challenges in terms of their resolution. While analysis is largely drawn from the case law of the European Court of Human Rights its finding are applicable to judicial practice in general when it comes to resolving conflicts between human rights.

Seller Inventory # 9781138658011

Bibliographic Details

• Title: Resolving Conflicts Between Human Rights : The Judge's Dilemma
• Publisher: Taylor & Francis Nov 2016
• Publication Date: 2016
• Language: English
• ISBN 10: 1138658014
• ISBN 13: 9781138658011
• Binding: Buch
• Condition: Neu
• Dimensions: 234W x 160H x 18D millimeters 234 millimeters width by 160 millimeters height by 18 millimeters depth
• Weight: 476 grams

About this title

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.

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.