Terrorism and the Limitation of Rights: The ECHR and the US Constitution Contributor(s): Sottiaux, Stefan (Author), Harvey, Colin (Editor) |
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ISBN: 1841137634 ISBN-13: 9781841137636 Publisher: Hart Publishing OUR PRICE: $133.65 Product Type: Hardcover Published: March 2008 Annotation: Taking as a starting point the widely accepted view that states confronted with terrorism must find a proper equilibrium between their respective obligations of preserving fundamental rights and fighting terrorism effectively, this book demonstrates how the design and enforcement of a human rights instrument may influence the result of that exercise. The book looks at the question of how a legal order's approach to the limitation of rights may shape decision-making trade-offs between the demands of liberty and the need to guarantee individual and collective security. Special attention is given to the difference between the adjudicative methods of balancing and categorization. The book challenges the conventional wisdom that individual rights, in times of crisis, are better served by the application of categorical rather than flexible models of limitation. In addition, the work considers the impact of a variety of other factors, including the discrepancies in enforcing an international |
Additional Information |
BISAC Categories: - Law | Constitutional - Law | Civil Rights |
Dewey: 342.408 |
LCCN: 2008274517 |
Physical Information: 1.4" H x 6.3" W x 9.2" (1.75 lbs) 472 pages |
Descriptions, Reviews, Etc. |
Publisher Description: Taking as a starting point the widely accepted view that states confronted with terrorism must find a proper equilibrium between their respective obligations of preserving fundamental rights and fighting terrorism effectively, this book seeks to demonstrate how the design and enforcement of a human rights instrument may influence the result of that exercise. An attempt is made to answer the question how a legal order's approach to the limitation of rights may shape decision-making trade-offs between the demands of liberty and the need to guarantee individual and collective security. In doing so, special attention is given to the difference between the adjudicative methods of balancing and categorisation. The book challenges the conventional wisdom that individual rights, in times of crisis, are better served by the application of categorical rather than flexible models of limitation. In addition, the work considers the impact of a variety of other factors, including the discrepancies in enforcing an international convention as opposed to a national constitution and the use of emergency provisions permitting derogations from human rights obligations in time of war or a public emergency. |