Download or read book Conflicts Between Fundamental Rights written by Eva Brems and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every human rights lawyer, at some point or other, comes across an issue of conflicting human rights. Yet there is surprisingly little literature on this issue; especially if one wants to examine the matter at a general level, above specific conflicts such as those between freedom of expression and the right to non-discrimination, or between religious freedom and women's rights. The international conference on conflicts between fundamental rights, which took place in Ghent (Belgium) in December 2006, brought together a diverse group of human rights scholars who reflected on this issue from different angles. The papers in this volume are selected from among those that were presented at the conference. The issue of conflicting rights is examined in both domestic and international human rights law, and deals with many different types of human rights, including economic and social rights. Some are empirical, describing and analyzing how courts and legislators deal with these issues. Others adopt a normative approach, establishing criteria that may guide future judges and lawmakers confronted with conflicts between fundamental rights.
Download or read book Arguing Fundamental Rights written by Agustín J. Menéndez and published by Springer Science & Business Media. This book was released on 2006-11-22 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the trail-blazing Theory of Constitutional Rights of Robert Alexy. The authors combine critical analysis of the structural elements of Alexy’s theory with an assessment of its applied relevance, paying special attention to the UK Human Rights Act and the Charter of Fundamental Rights of the European Union. Alexy himself opens the book with an insightful contextualisation of his theory of fundamental rights within his general legal theory.
Download or read book Abuse written by András Sajó and published by Eleven International Publishing. This book was released on 2006 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the problem of abuse - not what is commonly understood as 'abuse of human rights' where authorities violate fundamental rights by simply denying them. Rather, it refers to authorities and individuals claiming human (fundamental) rights and the rule of law in ways that violate the fundamental rights of other people. Most contributors to this volume agree that in certain instances fundamental rights are used improperly, with troubling consequences, and that making us aware of such improprieties is necessary for the most efficient and just operation of the constitutional system. Several methods how to approach the issue are covered in this book, ranging from the use of existing doctrinal categories (e.g. conflict of rights) to developing a doctrine of abuse of rights. They help in clarifying improper uses of rights and the rule of law in constitutional and international law. The thought-provoking essays in this book are a welcome contribution to the debate if and how to deal with the negative consequences of rights-based action.
Download or read book Constitutional Dilemmas written by and published by . This book was released on 2007 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dealings with an important issue in philosophy of law and constitutional thought, this book addresses the problems of clashes between fundamental rights by developing a framework to adjudicate over clashes & then deal with the outcomes
Download or read book Conflicts Between Fundamental Rights Or Conflicting Fundamental Rights Vocabularies An Analysis of Diverging Uses of Fundamental Rights in the Context of International and European Trade Law written by John Morijn and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussions about different modalities to deal with conflicts between 'fundamental rights' presuppose a common understanding of which norms form the category of 'fundamental rights'. Human rights analysts typically approach this issue only implicitly, by exclusively referring to human rights treaties, legislation, and specialised jurisprudence. Moreover, human rights analysis usually takes as common ground that these 'fundamental rights' provide for an analytical framework that is comprehensive and, because of their indivisibility and interdependence, need to be pursued as a 'package' in any given context. Drawing upon European and international trade law, this chapter points out that this understanding of the content and nature of 'fundamental rights' is not the only significant one. Recent ILO initiatives tailored to respond to the realities of WTO-driven trade liberalisation short-list a number of human rights norms on grounds of proclaimed particular characteristics in an economic context. Moreover, European and international trade law scholarship and jurisprudence sometimes (appear to propose to) add legal norms to the list of 'fundamental rights'. Apart from conceptual relevance, such a reality of parallel fundamental rights lists clearly also has significant practical implications. What is accepted to be added to, dropped from, or emphasised on the 'fundamental rights' list directly impacts modalities to deal with conflicts between 'them'. It is argued that if human rights experts aim to guard their own understanding of 'fundamental rights', engagement with alternative conceptual thinking and careful consideration of alternative legal contexts when suggesting practical solutions is required. The discussion is structured as follows: first the terms of the varying uses of 'fundamental rights' by human rights experts, international labour lawyers and trade lawyers will be identified (section 2). Then some conceptual and methodological implications of this Babylonian situation are highlighted with regard to the practical situation of solving conflicts between 'fundamental rights' in the legal setting of a trade court (section 3). A conclusion will wrap up the discussion (section 4).
Download or read book Conflicts of Rights in the European Union written by Aida Torres Pérez and published by . This book was released on 2009 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Underlying the protection of human rights in Europe is a complex network of overlapping legal systems - domestic, EU, and ECHR. This book focuses on the potential for conflict to emerge between the systems where rights overlap and interpretations in different courts begin to diverge. From the perspective of EU law, where the interpretation of rights differs national courts are asked to renounce the constitutional scope of protection in favour of the scope defined by the European Court of Justice. This work presents a theory of supranational judicial authority to confront this problem, grounded in an ideal of judicial dialogue. It represents the first attempt to provide a thorough theoretical account of the value of judicial dialogue, and its potential for legitimating judicial decision-making at a supranational level. Combining theoretical rigour with attention to the practicalities of European human rights law, the book will be accessible to a broad readership of legal theorists, EU lawyers and judges involved in building inter-judicial dialogue.
Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Download or read book Copyright and Information Privacy written by Federica Giovanella and published by Edward Elgar Publishing. This book was released on 2017-12-29 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book.
Download or read book Conflicts Between Fundamental Rights in the Jurisprudence of the European Court of Human Rights written by Simone Poot and published by . This book was released on 2012 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Courts as Mediators written by Julio Ríos-Figueroa and published by Cambridge University Press. This book was released on 2016-04-15 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.
Download or read book The Rights and Freedoms of Others written by Jacco Bomhoff and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflicts between individual fundamental rights are both pervasive and problematic in the system of the European Convention on Human Rights. This paper is an attempt to illuminate these two dimensions, as well as a plea for taking conflicts of rights more seriously within the Convention legal order. The paper uses a comparative law perspective to demonstrate that the Convention system operates with an exceptionally broad category of 'conflicts between individual fundamental rights'. The size and location of this category are attributable, at least in part, to the Convention system's exclusive reliance on a rights-based perspective and the corresponding absence of any 'division of powers' jurisdiction for the European Court of Human Rights. This institutional set-up, unique among (quasi)-constitutional courts, coupled with the absence of a 'thick' understanding of democracy at the European level, pushes the Court towards framing a large proportion of conflicts between individual and collective interests before it as conflicts between individual fundamental rights. Although current institutional arrangements significantly limit possibilities for the Strasbourg Court to modify its approach, the paper does propose a number of ways in which the ECHR could take conflicts of fundamental rights more seriously. These suggestions focus on situations in which framing a conflict as a clash between individual rights may be suboptimal, suscpicious, or both. The situations identified are those in which (1) individuals are opposed to the 'rights' of majorities, (2) individuals are opposed to the 'rights' of public officials, and (3) cases in which the distribution of, or access to, public resources is a central issue.
Download or read book The EU Charter of Fundamental Rights in the Member States written by Michal Bobek and published by Bloomsbury Publishing. This book was released on 2020-12-24 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ten years after the Charter of Fundamental Rights of the European Union became part of binding primary law, and twenty years since its adoption, this volume assess the application of the EU Charter in the Member States. How often, and in particular by which actors, is the EU Charter invoked at the national level? In what type of situations is it used? Has the approach of national courts in general, and of constitutional courts in particular, to EU law to EU fundamental rights law changed following the entry into force of the Charter? What sort of interplay does the Charter generate with the national bill of rights and the European Convention? Is the life with the Charter on the national level a harmonious 'praktische Konkordanz' or rather a messy 'ménage à trois'? These and other questions are discussed in the four parts that form the book. Part I is dedicated to the normative foundations. Part II sets out Member States' Perspectives, providing a structured, in-depth account of the Charter's operation in 16 different Member States. Part III provides a detailed evaluation of selected rights contained within the Charter. Part IV synthesises the materials presented up to that point to develop a series of broader perspectives, looking to discover underlying lessons about the relationship between EU fundamental rights law and national legal systems.
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.
Download or read book Fundamental Rights and Conflicts Among Rights written by Mary Ann Glendon and published by Franciscan University Press. This book was released on 2020 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The multiplication of rights and the destruction of the concept of law / Benedict XVI - Pope emeritus -- Human rights and democracy / Maria Lacalle -- The Church's dialogue partners in the discussion and defence of human rights / Cardinal Pietro Parolin, Secretary of State.
Download or read book Purposive Interpretation in Law written by Aharon Barak and published by Princeton University Press. This book was released on 2011-10-16 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that an alternative approach--purposive interpretation--allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences. Moreover, regardless of whether purposive interpretation amounts to a unifying theory, it would still be superior to other methods of interpretation in tackling each kind of text separately. Barak explains purposive interpretation as follows: All legal interpretation must start by establishing a range of semantic meanings for a given text, from which the legal meaning is then drawn. In purposive interpretation, the text's "purpose" is the criterion for establishing which of the semantic meanings yields the legal meaning. Establishing the ultimate purpose--and thus the legal meaning--depends on the relationship between the subjective and objective purposes; that is, between the original intent of the text's author and the intent of a reasonable author and of the legal system at the time of interpretation. This is easy to establish when the subjective and objective purposes coincide. But when they don't, the relative weight given to each purpose depends on the nature of the text. For example, subjective purpose is given substantial weight in interpreting a will; objective purpose, in interpreting a constitution. Barak develops this theory with masterful scholarship and close attention to its practical application. Throughout, he contrasts his approach with that of textualists and neotextualists such as Antonin Scalia, pragmatists such as Richard Posner, and legal philosophers such as Ronald Dworkin. This book represents a profoundly important contribution to legal scholarship and a major alternative to interpretive approaches advanced by other leading figures in the judicial world.
Download or read book A Theory of Constitutional Rights written by Robert Alexy and published by . This book was released on 2010 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution.
Download or read book Remedies against Immunity written by Valentina Volpe and published by Springer Nature. This book was released on 2021-04-08 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.
