The human right to resist in international and constitutional law / Shannonbrooke Murphy, St Thomas University.

Format:

Book

Author/Creator:

Murphy, Shannonbrooke, author.

Language:

English

Subjects (All):

International law and human rights.

Human rights.

Constitutional law.

Physical Description:

1 online resource (li, 322 pages) : digital, PDF file(s).

Edition:

First edition.

Place of Publication:

Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2025.

Summary:

The human right to resist is a contemporary legal concept with an ancient pedigree. Although it has received recognition in constitutions, customary international law and human rights treaties, and acknowledgment by leading publicists of international law, it remains obscure compared to other human rights. In this innovative and comprehensive book, Shannonbrooke Murphy addresses the perennial question of who has a 'right' to resist - and what, when, why, and how, from a legal perspective. Using a systematic and comparative approach to analyzing both the theoretical concept and the provisions in positive law, this study aims to establish that a 'right to resist' can be recognized and codified as an enforceable 'human right', proposing a common conceptual language and an analytical framework for evaluating the legal basis of claims. Murphy makes a strong and detailed case for a firmer place for the 'right to resist' in the human rights lexicon.

Contents:

Introduction : in from the margins

Advancing a legal definition of the right

Clarifying the nature and legal function of the right

Identifying the elements and legal content of the right

Domestic provision in constitutional law

Recognition in general or customary international law

Provision in treaty law and other international codification

Conclusions and an agenda for reconsideration.

Notes:

Title from publisher's bibliographic system (viewed on 20 Feb 2025).

Includes bibliographical references and index.

ISBN:

9781108976077

1108976077

9781108975865

1108975860

9781108974134

1108974139

OCLC:

1432803869