Balancing Conflicting Rights PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Balancing Conflicting Rights PDF full book. Access full book title Balancing Conflicting Rights by B. J. Wray. Download full books in PDF and EPUB format.
Author: B. J. Wray
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 48
Get Book Here
Book Description
Author: B. J. Wray
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 48
Get Book Here
Book Description
Author: Federica Giovanella
Publisher: Edward Elgar Publishing
ISBN: 1785369369
Category : Conflict of laws
Languages : en
Pages : 359
Get Book Here
Book Description
Federica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book.
Author: Stijn Smet
Publisher: Taylor & Francis
ISBN: 131721868X
Category : Law
Languages : en
Pages : 244
Get Book Here
Book Description
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.
Author: Tricia D. Olsen
Publisher: United States Institute of Peace Press
ISBN: 9781601270535
Category : Philosophy
Languages : en
Pages : 0
Get Book Here
Book Description
In the first project of its kind to compare multiple mechanisms and combinations of mechanisms across regions, countries, and time, Transitional Justice in Balance: Comparing Processes, Weighing Efficacy systematically analyzes the claims made in the literature using a vast array of data, which the authors have assembled in the Transitional Justice Data Base.
Author: Wilhelm Kirch
Publisher: Springer Science & Business Media
ISBN: 1402056133
Category : Medical
Languages : en
Pages : 1611
Get Book Here
Book Description
The Encyclopedic Reference of Public Health presents the most important definitions, principles and general perspectives of public health, written by experts of the different fields. The work includes more than 2,500 alphabetical entries. Entries comprise review-style articles, detailed essays and short definitions. Numerous figures and tables enhance understanding of this little-understood topic. Solidly structured and inclusive, this two-volume reference is an invaluable tool for clinical scientists and practitioners in academia, health care and industry, as well as students, teachers and interested laypersons.
Author: Martin Belov
Publisher: Routledge
ISBN: 1000707970
Category : Law
Languages : en
Pages : 201
Get Book Here
Book Description
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Author: Taunya Lovell Banks
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
Despite increasing support for global human rights ..., some scholars and constitutional democracies, like the United States, continue to resist constitutionalizing socio-economic rights. Socio-economic rights, unlike political and civil constitutional rights that usually prohibit government actions, are thought to impose positive obligations on government. As a result, constitutionalizing socio-economic rights raises questions about separation of powers and the competence of courts to decide traditionally legislative and executive matters. ... [W]hen transitional democracies, like South Africa, choose to constitutionalize socio-economic rights, courts inevitably must grapple with their role in the realization of those rights.... Two questions immediately come to mind: (1) whether it is possible to treat conflicting constitutional rights equally, or whether a hierarchy of rights, either formal or informal, is an inevitable result; and (2) whether in a true participatory democracy courts should be placed in the position of determining this hierarchy of constitutional rights, or whether the ordering of rights is an inherently political task. A related question is whether when vast socio-economic inequities exists among the citizenry a judicial approach is more appropriate until that society has reduced those inequities.... [and when courts] declare these rights justiciable, judicial enforcement is an issue. This chapter argues that some hierarchy of rights that privileges one set of rights over another is inevitable, especially where neither the state constitution nor the court clearly creates a formal hierarchy of rights. It uses the right to housing cases decided during the Constitutional Court's first decade to explore this question.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Get Book Here
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Roberto Caso
Publisher: Springer
ISBN: 9783662446478
Category : Law
Languages : en
Pages : 0
Get Book Here
Book Description
This book focuses on the thorny and highly topical issue of balancing copyright in the digital age. The idea for it sprang from the often heated debates among intellectual property scholars on the possibilities and the limits of copyright. Copyright law has been broadening its scope for decades now, and as a result it often clashes with other rights (frequently, fundamental rights), raising the question of which right prevails. The papers represent the product of intensive research by experts, who employ rigorous interpretative methodologies while keeping an eye on comparison and on the impacts of new technologies on law. The contributions concentrate on the "propertization" of copyright; on the principle of exhaustion of the distribution right; on the conflict between users' privacy and personal data needs; and on the balance between copyright and academic freedom. Starting from the difficulties inherently connected to the difficult task of balancing rights that respond to opposing interests, each essay analyzes techniques and arguments applied by institutional decision-makers in trying to solve this dilemma. Each author applies a specific methodology involving legal comparison, while taking into account the European framework for copyright and related rights. This work represents a unique piece of scholarship, in which a single issue is read through different lenses, demonstrating the need to reconcile copyright with other fundamental areas of law.
Author: Mark Lee Robinson
Publisher: Epigraph Publishing
ISBN: 9780982525579
Category : Attitude change
Languages : en
Pages : 0
Get Book Here
Book Description
"Just Conflict" helps readers gain greater confidence about their capacity to name, address, and resolve whatever conflict arises so that, when they discover issues in any relationship, they are able to construct justice out of turmoil.
