Resolving Conflicts Between Human Rights - The Judge''s Dilemma

With the spread of human rights language and instruments, court cases that were previously dealt with in terms of national law are increasingly framed in human rights terms. In Europe both parties to a legal dispute at the national level can often rely on the human rights norms of the ECHR to support their competing claims. This book explores how such conflicts between human rights can be defined and considers whether such conflicts pose particular challenges in terms of their resolution. While analysis is largely drawn from the case law of the European Court of Human Rights its finding are applicable to judicial practice in general when it comes to resolving conflicts between human rights.

List of contents

Introduction Part 1: Identifying Conflicts between Human Rights 1. Conflicts between Human Rights: It Does Really Make a Difference 2. Defining Conflicts between Human Rights 3. Defusing and Minimizing Conflicts between Human Rights Part II Difficulties in Balancing Human Rights 4. Theoretical Challenges to Balancing Human Rights 5. Practical Obstacles to Balancing Human Rights Part III Making Balancing Work for Conflicts between Human Rights 6. A Structured Balancing Test for Human Rights Conflicts 7. Alternative (Non-)Balancing Approaches 8.Human Rights Dilemmas and the Limits of the Structured Balancing Test

About the author

Stijn Smet is Postdoctoral Fellow at the Law School of Ghent University. His research interests are human rights, legal theory and political theory. He has published on human rights conflicts in Human Rights Law Review, American University International Law Review and Religion & Human Rights.

Product details

• Authors: Stijn Smet, Stijn (Ghent University Smet
• Publisher: Taylor & Francis Ltd.
• Languages: English
• Product format: Paperback / Softback
• Released: 18.10.2018
• EAN: 9780367075668
• ISBN: 978-0-367-07566-8
• No. of pages: 244
• Series: Routledge Research in Human Rights Law
• Subjects: Non-fiction book > Philosophy, religion > Miscellaneous; Social sciences, law, business > Law > Public law, administrative procedural law, constitutional procedural law; POLITICAL SCIENCE / Human Rights, Human rights & civil liberties law, LAW / Civil Rights, LAW / Judicial Power, Law: Human rights and civil liberties, Judicial powers, Legal systems: judges and judicial powers