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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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When Human Rights Clash at the European Court of Human Rights - Conflict or Harmony? (Hardcover)
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When Human Rights Clash at the European Court of Human Rights - Conflict or Harmony? (Hardcover)
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The notion of conflict rests at the heart of the judicial function.
Judges are routinely asked to resolve disputes and defuse tensions.
Yet, when judges are called upon to adjudicate a purported conflict
between human rights, they face particular challenges and must
address specific questions. Some of these concern the very
existence of human rights conflicts. Can human rights really
conflict with one another, in terms of mutual incompatibility? Or
should human rights be interpreted in harmony with one another?
Other questions concern the resolution of real conflicts. To the
extent that human rights do conflict, how should these conflicts be
resolved? To what extent is balancing desirable? And if it is
desirable, which understanding of balancing should judges employ?
This book seeks to provide both theoretical and practical answers
to these questions. When Human Rights Clash at the European Court
of Human Rights: Conflict or Harmony? debates both the existence
and resolution of human rights conflicts, in the specific context
of the case law of the European Court of Human Rights. The
contributors put forth principled and pragmatic arguments and
propose theoretical as well as practical approaches, whilst firmly
embedding their proposals in the case law of the European Court.
Doing so, this book provides concrete ways forward in the ongoing
debate on conflicts of rights at Europe's human rights court.
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