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Vol 22 No 6 June/July 2017

Book of the Month

Cover of Supperstone, Goudie and Walker: Judicial Review

Supperstone, Goudie and Walker: Judicial Review

Edited by: Helen Fenwick
Price: £267.00

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Resolving Conflicts between Human Rights: The Judge's Dilemma


ISBN13: 9781138658011
Published: November 2016
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £110.00



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Under the influence of the global spread of human rights language and instruments, court cases that were previously strictly dealt with in terms of national law are increasingly framed in human rights terms.

In Europe, the case law of the European Court of Human Rights has been an undeniable catalyst in this process. Often, both parties to a legal dispute at the national level can rely on the human rights norms of the European Convention on Human Rights to support their competing claims.

In such instances, national courts are confronted with a particular kind of difficult case: a conflict between human rights.

This book explores how such conflicts between human rights can be defined and identified and considers whether such conflicts pose particular challenges in terms of their resolution. The book examines these questions against the specific backdrop of the case law of the European Court of Human Rights.

The author questions the relevance of the proportionality test in the domain of conflicts between human rights, instead putting forward a resolution framework, specifically designed for the resolution of cases involving conflicts between human rights. While the analysis is largely drawn from the case law of the European Court of Human Rights its finding are applicable to judicial practice in general, setting out how judges could, the world over, resolve conflicts between human rights.

Subjects:
Human Rights and Civil Liberties
Contents:
1. Introduction

Part 1: Identifying Conflicts between Human Rights
2. Conflicts between Human Rights: It Does Really Make a Difference
3. On the Nature of Conflicts between Human Rights

Part 2: Resolving Conflicts between Human Rights
4. A Framework for the Resolution of Conflicts between Human Rights
5.Theoretical Challenges to Balancing Human Rights
6. Practical Obstacles to Balancing Human Rights ;7. Dismissing Alternative Balancing Tests
7. Making Balancing Work: Developing a Structured Balancing Test
8. The Limits of the Structured Balancing Test: Dilemmas and Strong Incommensurability
9. Conclusion

Series: Routledge Research in Human Rights Law

The Human Rights Approach to Disability: Cases and Materials ISBN 9781138799080
Published December 2017
Routledge
£90.00
Capturing Caste in Law: The Legal Regulation of Caste Discrimination ISBN 9781138807761
To be published December 2017
Routledge
£90.00
Freedom from Religion and Human Rights Law ISBN 9781138632967
To be published December 2017
Routledge
£90.00
Human Rights in the Media: Representation, Rhetoric, Reality ISBN 9781138645813
To be published November 2017
Routledge
£85.00
Jurisdiction, Immunity and Transnational Human Rights Litigation ISBN 9780415666381
To be published October 2017
Routledge
£105.00
The Istanbul Convention, Domestic Violence and Human Rights ISBN 9781138953673
Published April 2017
Routledge
£105.00
£29.16 + £5.83 VAT
(ePub)
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£90.00
Care, Migration and Human Rights: Law and Practice ISBN 9781138701847
Published January 2017
Routledge
£34.99
Resolving Conflicts between Human Rights: The Judge's Dilemma (eBook) ISBN 9781317218678
Published November 2016
Routledge
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Developing the Right to Social Security: A Gender Perspective ISBN 9781138120112
Published June 2016
Routledge
£90.00
Nomadic Peoples and Human Rights ISBN 9781138666498
Published March 2016
Routledge
£29.99
£95.00
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£95.00
Care, Migration and Human Rights: Law and Practice ISBN 9781138792869
Published February 2015
Routledge
£95.00
Care, Migration and Human Rights: Law and Practice (eBook) ISBN 9781317646037
Published February 2015
Routledge
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China's Human Rights Lawyers and Contemporary Chinese Law ISBN 9780415870849
Published December 2014
Routledge
£100.00
China's Human Rights Lawyers and Contemporary Chinese Law (eBook) ISBN 9781134450688
Published December 2014
Routledge
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Human Rights Law and Personal Identity ISBN 9780415529723
Published June 2014
Routledge
£100.00
Human Rights Law and Personal Identity (eBook) ISBN 9781134443338
Published June 2014
Routledge
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Nomadic Peoples and Human Rights ISBN 9780415526968
Published April 2014
Routledge
£95.00
Nomadic Peoples and Human Rights (eBook) ISBN 9781136020247
Published April 2014
Routledge
£33.32 + £6.66 VAT
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Litigating Transnational Human Rights Obligations ISBN 9780415858113
Published October 2013
Routledge
£105.00
Litigating Transnational Human Rights Obligations (eBook) ISBN 9781135121129
Published October 2013
Routledge
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Regulating Corporate Human Rights Violations: Humanizing Business ISBN 9780415715270
Published July 2013
Routledge
£34.99
£95.00
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The EU as a ‘Global Player’ in Human Rights? (eBook)
Edited by: Jan Wetzel
ISBN 9781136455292
Published February 2012
Routledge
£33.32 + £6.66 VAT
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The EU as a ‘Global Player’ in Human Rights?
Edited by: Jan Wetzel
ISBN 9780415587051
Published February 2012
Routledge
£90.00
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Regulating Corporate Human Rights Violations: Humanizing Business ISBN 9780415668217
Published January 2012
Routledge
£90.00
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Human Rights Monitoring Mechanisms of the Council of Europe (eBook) ISBN 9781136667930
Published July 2011
Routledge
£33.32 + £6.66 VAT
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Human Rights Monitoring Mechanisms of the Council of Europe ISBN 9780415581622
Published July 2011
Routledge
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