Abuse: The Dark Side of Fundamental RightsAndrás Sajó Eleven International Publishing, 2006 - 327 páginas This book addresses the problem of abuse - not what is commonly understood as 'abuse of human rights' where authorities violate fundamental rights by simply denying them. Rather, it refers to authorities and individuals claiming human (fundamental) rights and the rule of law in ways that violate the fundamental rights of other people. Most contributors to this volume agree that in certain instances fundamental rights are used improperly, with troubling consequences, and that making us aware of such improprieties is necessary for the most efficient and just operation of the constitutional system. Several methods how to approach the issue are covered in this book, ranging from the use of existing doctrinal categories (e.g. conflict of rights) to developing a doctrine of abuse of rights. They help in clarifying improper uses of rights and the rule of law in constitutional and international law. The thought-provoking essays in this book are a welcome contribution to the debate if and how to deal with the negative consequences of rights-based action. |
Contenido
Abuse of Fundamental Rights or the Difficulties of Purposiveness | 29 |
The Instrumental Use of Basic Rights by the Stalinist Judiciary | 99 |
An Abusers Guide | 129 |
The Dark Side of the UNs War on Terrorism | 163 |
Constitutional Normativity in Demise | 191 |
The Antinomy of Freedom and Equality | 217 |
Constitutional Norms in a State of Permanent Emergency | 233 |
Minority Rights and the Boundaries | 255 |
The Elusivity of Rights | 271 |
Is There a Need for a Doctrine of Abuse | 295 |
Beyond Rights | 308 |
Términos y frases comunes
abuse of rights action administration anti-discrimination law application argued authority balancing basic civil claim common law concept of abuse conflict Constitutional Court constitutional law constitutional rights constitutionalist constitutionally context counter-terrorism Critical Legal Studies cultural Dark Side decision democracy democratic demonstration doctrine of abuse economic emergency equality principle ethical European example federal freedom fundamental rights gay rights Georgetown University groups harm individual rights institutions interests international human rights international law interpretation issue Judge Mack judicial justice lawyers legal system legislation legitimacy liberal liberal democracy liberty limits Mack's Marxism minority rights misuse moral normative person political community private law problem prohibition protection question reasons regard relations religious require restrictions rule of law Sajó Security Council self-determination sexual orientation social function socialist society specific speech status supra note Supreme Court terrorism terrorist theory treatment values Van der Peet violation war on terror