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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Terrorism and the Limitation of Rights: The ECHR and the US Constitution

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ISBN13: 9781841137636
Published: February 2008
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



Low stock.

Taking as a starting point the widely accepted view that states confronted with terrorism must find a proper equilibrium between their respective obligations of preserving fundamental rights and fighting terrorism effectively, this book seeks to demonstrate how the design and enforcement of a human rights instrument may influence the result of that exercise.

An attempt is made to answer the question how a legal order’s approach to the limitation of rights may shape decision-making trade-offs between the demands of liberty and the need to guarantee individual and collective security. In doing so, special attention is given to the difference between the adjudicative methods of balancing and categorisation. The book challenges the conventional wisdom that individual rights, in times of crisis, are better served by the application of categorical rather than flexible models of limitation.

In addition, the work considers the impact of a variety of other factors, including the discrepancies in enforcing an international convention as opposed to a national constitution and the use of emergency provisions permitting derogations from human rights obligations in time of war or a public emergency.

The research questions are addressed through a comparative study of the terrorism-related restrictions on five fundamental rights protected under the European Convention on Human Rights and the United States Constitution: the right to freedom of expression, the right to freedom of association, the right to personal liberty, the right to privacy, and the right to a fair trial. The book offers both a theoretical account of the paradoxical relationship between terrorism and human rights and a comprehensive comparative survey of the major decisions of the highest courts on both sides of the Atlantic.

Series: Human Rights Law in Perspective

Gender Equality in Law: Uncovering the Legacies of Czech State Socialism ISBN 9781509905867
To be published March 2017
Hart Publishing
£55.00
Governing (Through) Rights (eBook) ISBN 9781509903832
Published July 2016
Hart Publishing
£41.66 + £8.33 VAT
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Governing (Through) Rights ISBN 9781849467391
Published July 2016
Hart Publishing
£50.00
Discrimination, Equality and the Law ISBN 9781509904990
Published February 2016
Hart Publishing
£20.00
Property and Human Rights in a Global Context ISBN 9781849467261
Published January 2016
Hart Publishing
£55.00
Property and Human Rights in a Global Context (eBook) ISBN 9781509901746
Published January 2016
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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Health and Human Rights ISBN 9781841138046
Published August 2013
Hart Publishing
£45.00
Health and Human Rights (eBook) ISBN 9781782251729
Published August 2013
Hart Publishing
£37.49 + £7.50 VAT
(ePub)
Buy
Rights in Divided Societies (eBook) ISBN 9781847319807
Published July 2012
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
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Rights in Divided Societies ISBN 9781849461009
Published July 2012
Hart Publishing
£50.00
Children's Socio-Economic Rights, Democracy and the Courts ISBN 9781841137698
Published September 2011
Hart Publishing
£65.00
Children's Socio-Economic Rights, Democracy and the Courts (eBook) ISBN 9781847318589
Published September 2011
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
Buy
Judicial Review, Socio-Economic Rights and the Human Rights Act ISBN 9781841139760
Published April 2009
Hart Publishing
£32.99
Making Rights Real: the Human Rights Act in its First Decade ISBN 9781841133539
Published August 2008
Hart Publishing
£50.00
£37.99
Judicial Review, Socio-Economic Rights and the Human Rights Act ISBN 9781841133720
Published August 2007
Hart Publishing
Out of print
Monetary Remedies for Breach of Human Rights: A Comparative Study ISBN 9781841135113
Published November 2006
Hart Publishing
£61.00
Gender, Culture and Human Rights: Reclaiming Universalism ISBN 9781841135137
Published May 2006
Hart Publishing
£54.00
Property and the Human Rights Act 1998 ISBN 9781841132037
Published October 2005
Hart Publishing
£61.00
Human, Rights, Culture and the Rule of Law ISBN 9781841135069
Published September 2005
Hart Publishing
£60.00
Human Rights in the Community: Rights as Agents for Change ISBN 9781841134468
Published April 2005
Hart Publishing
£40.00
Corporations and Transnational Human Rights Litigation ISBN 9781841134574
Published August 2004
Hart Publishing
£41.00