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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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Lord Denning: Life, Law and Legacy



  


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


ISBN13: 9781841137636
Published: February 2008
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00



Despatched in 8 to 10 days.

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.

Subjects:
Human Rights and Civil Liberties
Contents:
1. Introduction
I. Human Rights and Terrorism
II. Object and Purpose
III. Selection of Human Rights Instruments
IV. Preliminary Conclusions
V. Structure and Methodology
2. The Limitation of Rights under the European Convention and the US Constitution
I. Introduction
II. Balancing and Categorical Methods of Limitation
III. The Limitation of Rights under the European Convention
IV. The Limitation of Rights under the US Constitution
V. Conclusion
3. The Right to Freedom of Expression
I. Introduction
II. The Right to Freedom of Expression: Basic Notions
III. Terrorism as Expressive Conduct
IV. Terrorism-Related Speech
V. Terrorism and the Media
VI. General Conclusion
4. The Right to Freedom of Association
I. Introduction
II. The Right to Freedom of Association: Basic Notions
III. Counter-Terrorism and the Right to Freedom of Association
IV. General Conclusion
5. The Right to Personal Liberty
I. Introduction
II. The Right to Personal Liberty: Basic Notions
III. The Right to Liberty and Counter-Terrorism Measures
IV. Deprivation of Liberty in War and Emergency Situations
V. General Conclusion
6. The Right to Privacy
I. Introduction
II. The Right to Privacy: Basic Notions
III. The Right to Privacy and Counter-Terrorism Measures
IV. General Conclusion
7. The Right to a Fair Trial
I. Introduction
II. The Right to a Fair Trial: Basic Notions
III. The Right to a Fair Trial and Counter-Terrorism Measures
IV. Limitations of the Right to a Fair Trial in War and Emergency Situations
V. General Conclusion
8. Conclusion

Series: Human Rights Law in Perspective

Proportionality Beyond the Human Rights Act ISBN 9781841137438
To be published February 2027
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Rethinking Human Rights: Critical Insights from Palestinian Youth ISBN 9781509954865
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Law and Islamic Dress: Rights and Fascism in Europe ISBN 9781509910496
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£60.00
Rethinking Human Rights: Critical Insights from Palestinian Youth ISBN 9781509954827
To be published October 2024
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£85.00
Article 8 ECHR, Family Reunification and the Uk's Supreme Court: Family Matters? ISBN 9781509966073
To be published August 2024
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£42.99
The Times and Temporalities of International Human Rights Law ISBN 9781509949991
Published June 2023
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£41.99
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The Times and Temporalities of International Human Rights Law (eBook) ISBN 9781509949915
Published February 2022
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The Times and Temporalities of International Human Rights Law ISBN 9781509949908
Published February 2022
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£90.00
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Gender Equality in Law: Uncovering the Legacies of Czech State Socialism ISBN 9781509933037
Published October 2019
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£39.99
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Governing (Through) Rights ISBN 9781509926824
Published January 2019
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£28.99
Property and Human Rights in a Global Context ISBN 9781509921157
Published April 2018
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£36.99
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Governing (Through) Rights ISBN 9781849467391
Published September 2016
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£75.00
Governing (Through) Rights (eBook) ISBN 9781509903832
Published September 2016
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£26.09
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Discrimination, Equality and the Law ISBN 9781509904990
Published February 2016
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£27.99
Property and Human Rights in a Global Context (eBook) ISBN 9781509901746
Published January 2016
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£33.29
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Property and Human Rights in a Global Context ISBN 9781849467261
Published January 2016
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£85.00
Children's Socio-Economic Rights, Democracy and the Courts ISBN 9781849467278
Published June 2014
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£31.99
Discrimination, Equality and the Law (eBook) ISBN 9781782252016
Published April 2014
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£25.19
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Discrimination, Equality and the Law ISBN 9781841134413
Published April 2014
Hart Publishing
£80.00
Health and Human Rights (eBook) ISBN 9781782251729
Published August 2013
Hart Publishing
£72.00
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Health and Human Rights ISBN 9781841138046
Published August 2013
Hart Publishing
£80.00
Rights in Divided Societies ISBN 9781849461009
Published July 2012
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£85.00
Rights in Divided Societies (eBook) ISBN 9781847319807
Published July 2012
Hart Publishing
£76.50
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Children's Socio-Economic Rights, Democracy and the Courts (eBook) ISBN 9781847318589
Published September 2011
Hart Publishing
£28.79
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Children's Socio-Economic Rights, Democracy and the Courts ISBN 9781841137698
Published September 2011
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£95.00
Judicial Review, Socio-Economic Rights and the Human Rights Act ISBN 9781841139760
Published April 2009
Hart Publishing
£42.99
Making Rights Real: the Human Rights Act in its First Decade ISBN 9781841133539
Published August 2008
Hart Publishing
£85.00
£95.00
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Judicial Review, Socio-Economic Rights and the Human Rights Act ISBN 9781841133720
Published August 2007
Hart Publishing
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Monetary Remedies for Breach of Human Rights: A Comparative Study ISBN 9781841135113
Published November 2006
Hart Publishing
£95.00
Gender, Culture and Human Rights: Reclaiming Universalism ISBN 9781841135137
Published May 2006
Hart Publishing
£90.00
Property and the Human Rights Act 1998 ISBN 9781841132037
Published October 2005
Hart Publishing
£95.00
Human, Rights, Culture and the Rule of Law ISBN 9781841135069
Published September 2005
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£95.00
Human Rights in the Community: Rights as Agents for Change ISBN 9781841134468
Published April 2005
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£69.99
Corporations and Transnational Human Rights Litigation ISBN 9781841134574
Published August 2004
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£75.00