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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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Resolving Conflicts between Human Rights - The Judge's Dilemma (Hardcover)
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Resolving Conflicts between Human Rights - The Judge's Dilemma (Hardcover)
Series: Routledge Research in Human Rights Law
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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.
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