• Sign In
  • Help
  • My Basket0
Terrorism and the Limitation of Rights: The ECHR and the US Constitution - Human Rights Law in Perspective 12 (Hardback)
  • Terrorism and the Limitation of Rights: The ECHR and the US Constitution - Human Rights Law in Perspective 12 (Hardback)
zoom

Terrorism and the Limitation of Rights: The ECHR and the US Constitution - Human Rights Law in Perspective 12 (Hardback)

(author)
£70.00
Hardback 472 Pages / Published: 29/02/2008
  • We can order this

Usually despatched within 3 weeks

  • This item has been added to your basket

Check Marketplace availability

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. The research questions are addressed through a comparative study of the terrorism-related restrictions on five fundamental rights protected under the European Convention on Human Rights and the United States Constitution: the right to freedom of expression, the right to freedom of association, the right to personal liberty, the right to privacy, and the right to a fair trial. The book offers both a theoretical account of the paradoxical relationship between terrorism and human rights and a comprehensive comparative survey of the major decisions of the highest courts on both sides of the Atlantic.

Publisher: Bloomsbury Publishing PLC
ISBN: 9781841137636
Number of pages: 472
Weight: 900 g
Dimensions: 234 x 156 x 37 mm

You may also be interested in...

The Secret Barrister
Added to basket
£16.99   £13.99
Hardback
The Ten Types of Human
Added to basket
In Your Defence
Added to basket
£14.99
Hardback
I Let Him Go
Added to basket
£16.99   £12.99
Hardback
East West Street
Added to basket
£9.99
Paperback
Law Express: Contract Law
Added to basket
Life in the UK Test: Handbook 2018
Added to basket
The Innocent Man
Added to basket
£8.99
Paperback
I Let Him Go
Added to basket
£8.99
Paperback
Law Express: Criminal Law
Added to basket
The Greatest
Added to basket
£9.99
Paperback
Citadel
Added to basket
£7.99
Paperback

Reviews

Please sign in to write a review

Your review has been submitted successfully.