Philosopher kings? : the adjudication of conflicting human rights and social values /
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| Format: | Book |
| Language: | English |
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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?