Fundamental Rights And Conflicts Among Rights

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Conflicts Between Fundamental Rights

Author : Eva Brems
Publisher :
ISBN 13 : 9789050957793
Total Pages : 0 pages
Book Rating : 4.9/5 (577 download)

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Book Synopsis Conflicts Between Fundamental Rights by : Eva Brems

Download or read book Conflicts Between Fundamental Rights written by Eva Brems and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every human rights lawyer, at some point or other, comes across an issue of conflicting human rights. Yet there is surprisingly little literature on this issue; especially if one wants to examine the matter at a general level, above specific conflicts such as those between freedom of expression and the right to non-discrimination, or between religious freedom and women's rights. The international conference on conflicts between fundamental rights, which took place in Ghent (Belgium) in December 2006, brought together a diverse group of human rights scholars who reflected on this issue from different angles. The papers in this volume are selected from among those that were presented at the conference. The issue of conflicting rights is examined in both domestic and international human rights law, and deals with many different types of human rights, including economic and social rights. Some are empirical, describing and analyzing how courts and legislators deal with these issues. Others adopt a normative approach, establishing criteria that may guide future judges and lawmakers confronted with conflicts between fundamental rights.

Fundamental Rights and Conflicts Among Rights

Author : Mary Ann Glendon
Publisher : Franciscan University Press
ISBN 13 : 9781733988933
Total Pages : 250 pages
Book Rating : 4.9/5 (889 download)

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Book Synopsis Fundamental Rights and Conflicts Among Rights by : Mary Ann Glendon

Download or read book Fundamental Rights and Conflicts Among Rights written by Mary Ann Glendon and published by Franciscan University Press. This book was released on 2020 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The multiplication of rights and the destruction of the concept of law / Benedict XVI - Pope emeritus -- Human rights and democracy / Maria Lacalle -- The Church's dialogue partners in the discussion and defence of human rights / Cardinal Pietro Parolin, Secretary of State.

Arguing Fundamental Rights

Author : Agustín J. Menéndez
Publisher : Springer Science & Business Media
ISBN 13 : 1402049196
Total Pages : 227 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Arguing Fundamental Rights by : Agustín J. Menéndez

Download or read book Arguing Fundamental Rights written by Agustín J. Menéndez and published by Springer Science & Business Media. This book was released on 2006-11-22 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the trail-blazing Theory of Constitutional Rights of Robert Alexy. The authors combine critical analysis of the structural elements of Alexy’s theory with an assessment of its applied relevance, paying special attention to the UK Human Rights Act and the Charter of Fundamental Rights of the European Union. Alexy himself opens the book with an insightful contextualisation of his theory of fundamental rights within his general legal theory.

Abuse

Author : András Sajó
Publisher : Eleven International Publishing
ISBN 13 : 907759616X
Total Pages : 338 pages
Book Rating : 4.0/5 (775 download)

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Book Synopsis Abuse by : András Sajó

Download or read book Abuse written by András Sajó and published by Eleven International Publishing. This book was released on 2006 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the problem of abuse - not what is commonly understood as 'abuse of human rights' where authorities violate fundamental rights by simply denying them. Rather, it refers to authorities and individuals claiming human (fundamental) rights and the rule of law in ways that violate the fundamental rights of other people. Most contributors to this volume agree that in certain instances fundamental rights are used improperly, with troubling consequences, and that making us aware of such improprieties is necessary for the most efficient and just operation of the constitutional system. Several methods how to approach the issue are covered in this book, ranging from the use of existing doctrinal categories (e.g. conflict of rights) to developing a doctrine of abuse of rights. They help in clarifying improper uses of rights and the rule of law in constitutional and international law. The thought-provoking essays in this book are a welcome contribution to the debate if and how to deal with the negative consequences of rights-based action.

Conflicts of Rights in the European Union

Author : Aida Torres Pérez
Publisher :
ISBN 13 : 0199568715
Total Pages : 224 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Conflicts of Rights in the European Union by : Aida Torres Pérez

Download or read book Conflicts of Rights in the European Union written by Aida Torres Pérez and published by . This book was released on 2009 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Underlying the protection of human rights in Europe is a complex network of overlapping legal systems - domestic, EU, and ECHR. This book focuses on the potential for conflict to emerge between the systems where rights overlap and interpretations in different courts begin to diverge. From the perspective of EU law, where the interpretation of rights differs national courts are asked to renounce the constitutional scope of protection in favour of the scope defined by the European Court of Justice. This work presents a theory of supranational judicial authority to confront this problem, grounded in an ideal of judicial dialogue. It represents the first attempt to provide a thorough theoretical account of the value of judicial dialogue, and its potential for legitimating judicial decision-making at a supranational level. Combining theoretical rigour with attention to the practicalities of European human rights law, the book will be accessible to a broad readership of legal theorists, EU lawyers and judges involved in building inter-judicial dialogue.

Conflicts Between Fundamental Rights Or Conflicting Fundamental Rights Vocabularies? An Analysis of Diverging Uses of 'Fundamental Rights' in the Context of International and European Trade Law

Download Conflicts Between Fundamental Rights Or Conflicting Fundamental Rights Vocabularies? An Analysis of Diverging Uses of 'Fundamental Rights' in the Context of International and European Trade Law PDF Online Free

Author : John Morijn
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Conflicts Between Fundamental Rights Or Conflicting Fundamental Rights Vocabularies? An Analysis of Diverging Uses of 'Fundamental Rights' in the Context of International and European Trade Law by : John Morijn

Download or read book Conflicts Between Fundamental Rights Or Conflicting Fundamental Rights Vocabularies? An Analysis of Diverging Uses of 'Fundamental Rights' in the Context of International and European Trade Law written by John Morijn and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussions about different modalities to deal with conflicts between 'fundamental rights' presuppose a common understanding of which norms form the category of 'fundamental rights'. Human rights analysts typically approach this issue only implicitly, by exclusively referring to human rights treaties, legislation, and specialised jurisprudence. Moreover, human rights analysis usually takes as common ground that these 'fundamental rights' provide for an analytical framework that is comprehensive and, because of their indivisibility and interdependence, need to be pursued as a 'package' in any given context. Drawing upon European and international trade law, this chapter points out that this understanding of the content and nature of 'fundamental rights' is not the only significant one. Recent ILO initiatives tailored to respond to the realities of WTO-driven trade liberalisation short-list a number of human rights norms on grounds of proclaimed particular characteristics in an economic context. Moreover, European and international trade law scholarship and jurisprudence sometimes (appear to propose to) add legal norms to the list of 'fundamental rights'. Apart from conceptual relevance, such a reality of parallel fundamental rights lists clearly also has significant practical implications. What is accepted to be added to, dropped from, or emphasised on the 'fundamental rights' list directly impacts modalities to deal with conflicts between 'them'. It is argued that if human rights experts aim to guard their own understanding of 'fundamental rights', engagement with alternative conceptual thinking and careful consideration of alternative legal contexts when suggesting practical solutions is required. The discussion is structured as follows: first the terms of the varying uses of 'fundamental rights' by human rights experts, international labour lawyers and trade lawyers will be identified (section 2). Then some conceptual and methodological implications of this Babylonian situation are highlighted with regard to the practical situation of solving conflicts between 'fundamental rights' in the legal setting of a trade court (section 3). A conclusion will wrap up the discussion (section 4).

Copyright and Information Privacy

Author : Federica Giovanella
Publisher : Edward Elgar Publishing
ISBN 13 : 1785369369
Total Pages : 359 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Copyright and Information Privacy by : Federica Giovanella

Download or read book Copyright and Information Privacy written by Federica Giovanella and published by Edward Elgar Publishing. This book was released on 2017-12-29 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book.

Fundamental Rights and the Legal Obligations of Business

Author : David Bilchitz
Publisher : Cambridge University Press
ISBN 13 : 1108841945
Total Pages : 523 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Fundamental Rights and the Legal Obligations of Business by : David Bilchitz

Download or read book Fundamental Rights and the Legal Obligations of Business written by David Bilchitz and published by Cambridge University Press. This book was released on 2021-11-11 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops an analytical legal framework for determining the substantive fundamental rights obligations of corporations.

Fundamental Rights and Conflict

Author : William C. Bunting
Publisher :
ISBN 13 :
Total Pages : 390 pages
Book Rating : 4.:/5 (83 download)

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Book Synopsis Fundamental Rights and Conflict by : William C. Bunting

Download or read book Fundamental Rights and Conflict written by William C. Bunting and published by . This book was released on 2012 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Human Rights and Conflict

Author : Julie Mertus
Publisher : US Institute of Peace Press
ISBN 13 : 9781929223763
Total Pages : 580 pages
Book Rating : 4.2/5 (237 download)

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Book Synopsis Human Rights and Conflict by : Julie Mertus

Download or read book Human Rights and Conflict written by Julie Mertus and published by US Institute of Peace Press. This book was released on 2006 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Human rights and conflict' is divided into three parts, each capturing the role played by human rights at a different stage in the conflict cycle.

How Rights Went Wrong

Author : Jamal Greene
Publisher : Houghton Mifflin
ISBN 13 : 1328518116
Total Pages : 341 pages
Book Rating : 4.3/5 (285 download)

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Book Synopsis How Rights Went Wrong by : Jamal Greene

Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

Fundamental Rights in International and European Law

Author : Christophe Paulussen
Publisher : Springer
ISBN 13 : 9462650888
Total Pages : 327 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Fundamental Rights in International and European Law by : Christophe Paulussen

Download or read book Fundamental Rights in International and European Law written by Christophe Paulussen and published by Springer. This book was released on 2015-11-04 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book various perspectives on fundamental rights in the fields of public and private international law are innovatively covered. Published on the occasion of the 50th anniversary of the T.M.C. Asser Instituut in The Hague, the collection reflects the breadth and scope of the Institute’s research activities in the fields of public international law, EU law, private international law and international and European sports law. It does so by shedding more light on topical issues – such as drone warfare, the fight against terrorism, the international trade environment nexus and forced arbitration – that can be related to the theme of fundamental rights, which runs through all these four areas of research. Points of divergence and areas of common ground are uncovered in contributions from both staff members and distinguished external authors, having long-standing academic relations with the Institute. The Editors of this book are all staff members of the T.M.C. Asser Instituut, each of them representing one of the areas of research the Institute covers.

Fundamental Rights

Author : Milton R Konvitz
Publisher : Transaction Publishers
ISBN 13 : 1412813980
Total Pages : 193 pages
Book Rating : 4.4/5 (128 download)

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Book Synopsis Fundamental Rights by : Milton R Konvitz

Download or read book Fundamental Rights written by Milton R Konvitz and published by Transaction Publishers. This book was released on 2011-12-31 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important modern developments in American constitutional law has been the extension of the Bill of Rights to the states. The most important guarantees of the first eight amendments have been incorporated into the Due Process Clause of the Fourteenth Amendment, along with the doctrine that these are rights that are so "fundamental" that any restriction is subject to judicial "strict scrutiny." The process has nationalized fundamental rights, giving them a preferred dignity and majesty. In this volume, the renowned constitutional scholar, Milton Konvitz, traces the development of fundamental rights from the early days of American jurisprudence through twentieth-century cases involving the right to privacy, racial discrimination, voting rights, censorship, and abortion laws. In Konvitz's astute view, the Bill of Rights in the Constitution of the United States, like the Ten Commandments, places no priority among protected or guaranteed rights. He argues that values, ideals, rights, liberties, and privileges need to be placed in a hierarchical order or scale. The Supreme Court, acting on a case-by-case basis, has slowly and cautiously moved to designate some rights as superior to others. This idea that some rights are of a "fundamental" nature, while others are not, can be traced back to the early days of the nation's government. Konvitz shows that there may be said to be not one, but two or even three bills of rights, one for the Federal government and one for the States. Still another, may be an unwritten but evolving Bill of Rights. The Court has recognized rights or liberties that are in no written constitution, as for example, a right to marry, a right to have a family, a right to choose education of one's children in a private, even a religious, school, rather than a public school. In an illuminating fashion, Konvitz, whose writings have been cited in Supreme Court decisions, traces the controversial and very uneven line of development of such "fundamental rights." This volume is likely the first book on the subject and a pioneering work in the history of American constitutional law. Accessibly written for a general and scholarly audience, it will be of particular interest to political scientists, historians, and constitutional scholars.

European Fundamental Rights and Freedoms

Author : Dirk Ehlers
Publisher : Walter de Gruyter
ISBN 13 : 3110971968
Total Pages : 645 pages
Book Rating : 4.1/5 (19 download)

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Book Synopsis European Fundamental Rights and Freedoms by : Dirk Ehlers

Download or read book European Fundamental Rights and Freedoms written by Dirk Ehlers and published by Walter de Gruyter. This book was released on 2011-12-07 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ever increasing relevance of European law which involves replacement or supplementation of and interaction with national law not only affects the states in Europe but also, and foremost, the citizens. The rights of the citizens in Europe are protected by the European Fundamental Rights and Freedoms. The aim of this textbook is to grasp and illustrate the meaning of these rights and to integrate it into a coherent system. For this purpose the book not only deals with the pertinent law of the European Union and the European Community, but also with the European Convention for the Protection of Human Rights and Fundamental Freedoms which, too, is becoming more and more important. In addition, regard is had to the Charter of Fundamental Rights of the Union which forms part of the Treaty establishing a Constitution for Europe. Although the Charter is not yet legally binding since the Constitution has not been ratified by all EU Member States, the Community Courts already make reference to it as a concentrate of the constitutional traditions common to the Member States. It therefore does not seem entirely unlikely that the Charter might be included into the existing Treaties irrespective of the future constitutional developments on the EU level. On a similar anticipatory basis the book also takes into account those Protocols to the European Convention for the Protection of Human Rights and Fundamental Freedoms that have not yet entered into force.

Poverty and Fundamental Rights

Author : David Bilchitz
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 326 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Poverty and Fundamental Rights by : David Bilchitz

Download or read book Poverty and Fundamental Rights written by David Bilchitz and published by Oxford University Press, USA. This book was released on 2007 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Socio-economic rights have been widely regarded as aspirational goals, rhetorically useful, but having few practical implications for government policy and the distribution of resources within a polity. It is not therefore surprising that socio-economic rights have been systematically neglected in the world today, with millions still lacking access to basic shelter, food or health-care. This book seeks to provide a sustained argument for placing renewed emphasis upon socio-economic rights in the fight against desperate poverty. It utilizes a combination of political philosophy, constitutional law, and public policy in its focus and analyzes why violations of socio-economic rights are treated with less urgency than violations of civil and political rights.

Legislated Rights

Author : Grégoire Webber
Publisher : Cambridge University Press
ISBN 13 : 1108642500
Total Pages : 223 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Legislated Rights by : Grégoire Webber

Download or read book Legislated Rights written by Grégoire Webber and published by Cambridge University Press. This book was released on 2018-03-01 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The important aspects of human wellbeing outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific rights and corresponding duties. It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. This jointly authored book explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.

Reinforcing Rule of Law Oversight in the European Union

Author : Carlos Closa
Publisher : Cambridge University Press
ISBN 13 : 1107108888
Total Pages : 357 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Reinforcing Rule of Law Oversight in the European Union by : Carlos Closa

Download or read book Reinforcing Rule of Law Oversight in the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2016-10-13 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.