Terrorism and the limitation of rights : the ECHR and the US constitution / Stefan Sottiaux.

Format:

Book

Author/Creator:

Sottiaux, Stefan, author.

Series:

Human rights law in perspective ; v. 12.

Human rights law in perspective ; v. 12

Language:

English

Subjects (All):

United States. Constitution--1st-10th Amendments.

United States.

Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5).

Convention for the Protection of Human Rights and Fundamental Freedoms.

Civil rights--Europe.

Civil rights.

Civil rights--United States.

Terrorism (International law).

Terrorism--Europe.

Terrorism.

Terrorism--United States.

Physical Description:

1 online resource (472 p.)

Edition:

1st ed.

Place of Publication:

Oxford ; Portland, OR : Hart Publishing, 2008.

Language Note:

English

Summary:

"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."--Bloomsbury Publishing.

Contents:

1. Introduction

2. The Limitation of Rights under the European Convention and the US Constitution

3. The Right to Freedom of Expression

4. The Right to Freedom of Association

5. The Right to Personal Liberty

6. The Right to Privacy

7. The Right to a Fair Trial

8. Conclusion.

Notes:

Originally presented as the author's thesis (doctoral)--Universiteit Antwerpen, 2006.

Includes bibliographical references (pages [411]-435) and index.

ISBN:

9786611761349

9781472564276

1472564278

9781281761347

1281761346

9781847314116

1847314112

OCLC:

437224575