Conflicts Between Fundamental Rights
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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
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Author : John Morijn
language : en
Publisher:
Release Date : 2013
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 has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
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).
Conflicts Between Fundamental Rights
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Author : Eva Brems
language : en
Publisher:
Release Date : 2008
Conflicts Between Fundamental Rights written by Eva Brems and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Civil rights categories.
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.
Arguing Fundamental Rights
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Author : Agustín J. Menéndez
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-11-22
Arguing Fundamental Rights written by Agustín J. Menéndez and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-11-22 with Law categories.
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.
Abuse
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Author : András Sajó
language : en
Publisher: Eleven International Publishing
Release Date : 2006
Abuse written by András Sajó and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Abuse of rights categories.
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.
Constitutional Dilemmas
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Author :
language : en
Publisher:
Release Date : 2007
Constitutional Dilemmas written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Civil rights categories.
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
Conflicts Between Fundamental Rights In The Jurisprudence Of The European Court Of Human Rights
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Author : Simone Poot
language : en
Publisher:
Release Date : 2012
Conflicts Between Fundamental Rights In The Jurisprudence Of The European Court Of Human Rights written by Simone Poot and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
Resolving Conflicts Between Human Rights
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Author : Stijn Smet
language : en
Publisher: Taylor & Francis
Release Date : 2016-11-10
Resolving Conflicts Between Human Rights written by Stijn Smet and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-10 with Law categories.
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.
The Rights And Freedoms Of Others
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Author : Jacco Bomhoff
language : en
Publisher:
Release Date : 2014
The Rights And Freedoms Of Others written by Jacco Bomhoff and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
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.
Conflicts Of Rights In The European Union
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Author : Aida Torres Pérez
language : en
Publisher:
Release Date : 2009
Conflicts Of Rights In The European Union written by Aida Torres Pérez and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
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.
When Human Rights Clash At The European Court Of Human Rights
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Author : Stijn Smet
language : en
Publisher: Oxford University Press
Release Date : 2017
When Human Rights Clash At The European Court Of Human Rights written by Stijn Smet and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
"The origins of this book are in the symposium '(How) Should the European Court of Human Rights Resolve Conflicts between Human Rights?', organized by the Human Rights Centre of Ghent University on 16 October 2014."--Page v.