Philosopher kings? : the adjudication of conflicting human rights and social values /

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Bibliographic Details
Main Author: Christie, George C
Format: Book
Published: Oxford ; New York : Oxford University Press, c2011
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Table of Contents:
  • Introduction
  • "Rights" discourse
  • Structural impediments to consistent application of "universal" human rights
  • The enlarged view of rights in contemporary constitutions and human rights conventions : the notion of defeasible rights
  • Litigation involving a conflict of rights, each of equal value
  • The epistemology of judicial decision making
  • The unsuccessful attempt to find a philosophical "North Star" to aid in judicial decision making
  • The use of balancing tests and factor analysis : the inevitable tendency to resort to bright-line tests
  • An overview of case-by-case adjudication, its possible goals, and the influence of legal traditions
  • The optimal conditions for case-by-case adjudication and its limits
  • Case-by-case adjudication of contentious human rights controversies
  • What if we must choose?