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Books > Social sciences > Politics & government > Political activism > Terrorism, freedom fighters, armed struggle
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Terrorism and the Limitation of Rights - The ECHR and the US Constitution (Hardcover)
Loot Price: R3,405
Discovery Miles 34 050
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Terrorism and the Limitation of Rights - The ECHR and the US Constitution (Hardcover)
Series: Human Rights Law in Perspective
Expected to ship within 12 - 19 working days
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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.
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