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This timely book explores the extent to which national security has affected the intersection between human rights and the exercise of state power. It examines how liberal democracies, long viewed as the proponents and protectors of human rights, have transformed their use of human rights on the global stage, externalizing their own internal agendas.
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? A...
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...
The aim of this monograph is to analyze how the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the International Criminal Court have resorted to proportionality and other limitation techniques when placing implied external limits upon the exercise of substantive and procedural human rights enjoyed by the accused and other actors affected by international criminal proceedings. Implied external limits in this context are defined as those limits that override the exercise of a human right on public interest grounds or on grounds relating to competing human rights and that either fall outside the scope of a limitation/qualification c...
This book provides a comprehensive overview of European Patent Law. It presents a critical analysis of the European patent law system and the proposed changes to it. The book explores the strengths and weaknesses of the European Patent Convention, and the interaction between the national and the European level, as well as across borders.
This work deals with the temporal effect of judicial decisions and more specifically, with the hardship caused by the retroactive operation of overruling decisions. By means of a jurisprudential and comparative analysis, the book explores several issues created by the overruling of earlier decisions. Overruling of earlier decisions, when it occurs, operates retrospectively with the effect that it infringes the principle of legal certainty through upsetting any previous arrangements made by a party to a case under long standing precedents established previously by the courts. On this account, in the recent past, a number of jurisdictions have had to deal with the prospect of introducing in th...
These lively, timely, and accessible dialogues on federal systems provide a comparative snapshot of each topic and include comparative analyses, glossaries of country-specific terminology, and a timeline of major constitutional events. Countries considered include Argentina, Australia, Austria, Belgium, Brazil, Canada, Germany, India, Mexico, Nigeria, Russia, South Africa, Spain, Switzerland, and the United States. Whether you are a student or teacher of federalism, working in the field of federalism, or simply interested in the topic, these booklets will prove to be an insightful, brief exploration of the topic at hand in each of the featured countries. Contributors include Sarah Byrne (Uni...
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This book examines different approaches by which states characterised by federal or decentralized arrangements reconcile equality and autonomy. In case studies from four continents, leading experts analyse the challenges of ensuring institutional, social and economic equality whilst respecting the competences of regions and the rights of groups.
Annotation A comparative analysis of eleven diverse federal countries through case studies illustrating federalism's diversity, challenges, and opportunities.