Stefan Sottiaux - Terrorism and the Limitation of Rights; The ECHR and the US Constitution (2008).pdf - 01 - USA(1) - bogg

TERRORISM AND THE LIMITATION OF RIGHTS

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 effec-

tively, 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 conven-

tion 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.

Volume 12: Human Rights Law in Perspective

HUMAN RIGHTS LAW IN PERSPECTIVE

GENERAL EDITOR: COLIN HARVEY

The language of human rights figures prominently in legal and political

debates at the national, regional and international levels. In the UK the

Human Rights Act 1998 has generated considerable interest in the law of

human rights. It will continue to provoke much debate in the legal

community and the search for original insights and new materials will

intensify.

The aim of this series is to provide a forum for scholarly reflection on all

aspects of the law of human rights. The series will encourage work which

engages with the theoretical, comparative and international dimensions of

human rights law. The primary aim is to publish over time books which

offer an insight into human rights law in its contextual setting. The

objective is to promote an understanding of the nature and impact of

human rights law. The series is inclusive, in the sense that all perspectives

in legal scholarship are welcome. It will incorporate the work of new and

established scholars.

Human Rights Law in Perspective is not confined to consideration of the

UK. It will strive to reflect comparative, regional and international

perspectives. Work which focuses on human rights law in other states will

therefore be included in this series. The intention is to offer an inclusive

intellectual home for significant scholarly contributions to human rights

law.

Volume 1 Importing the Law in Post-Communist Transitions

Catherine Dupré

Volume 2 The Development of the Positive Obligations Under the

European Convention on Human Rights by the

European Court of Human Rights

Alastair Mowbray

Volume 3 Human Rights Brought Home: Socio-Legal Studies of

Human Rights in the National Context

Edited by Simon Halliday and Patrick Schmidt

Volume 4 Corporations and Transnational Human Rights Litigation

Sarah Joseph

Volume 5 Human Rights in the Community: Rights as Agents

for Change

Edited by Colin Harvey

Volume 6 Human Rights, Culture and the Rule of Law

Jessica Almqvist

Volume 7 Property and the Human Rights Act 1988

Tom Allen

Volume 8 Gender, Culture and Human Rights

Siobhán Mullally

Volume 9 Monetary Remedies for Breach of Human Rights:

A Comparative Study

Lisa Tortell

Volume 10 Judicial Review, Socio-Economic Rights and the

Human Rights Act

Ellie Palmer

Volume 11 The Role of National Human rights Institutions at the

International and Regional Levels

Rachel Murray

Terrorism and the Limitation of Rights

The ECHR and the US Constitution

STEFAN SOTTIAUX

Stefan Sottiaux - Terrorism and the Limitation of Rights; The ECHR and the US Constitution (2008).pdf

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