When Human Rights Clash at the European Court of Human Rights

Conflict or Harmony?

Nonfiction, Reference & Language, Law, Public, International
Cover of the book When Human Rights Clash at the European Court of Human Rights by , OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9780192515698
Publisher: OUP Oxford Publication: July 21, 2017
Imprint: OUP Oxford Language: English
Author:
ISBN: 9780192515698
Publisher: OUP Oxford
Publication: July 21, 2017
Imprint: OUP Oxford
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from OUP Oxford

Cover of the book The Karamazov Brothers by
Cover of the book Holocene Extinctions by
Cover of the book Music and the Irish Literary Imagination by
Cover of the book Philosophical Foundations of Constitutional Law by
Cover of the book Antisemitism: A Very Short Introduction by
Cover of the book Slippery Slope by
Cover of the book Blunder by
Cover of the book Art Rethought by
Cover of the book How to Study as a Mathematics Major by
Cover of the book Ecology of the Brain by
Cover of the book Character in the Criminal Trial by
Cover of the book Institutional Investor Activism by
Cover of the book Early Modern English Literature and the Poetics of Cartographic Anxiety by
Cover of the book Essays in Collective Epistemology by
Cover of the book Kant and the Philosophy of Mind by
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy