000 02182nam a22002651i 4500
005 20220507135340.0
008 140929s2008 enk ob 001 0 eng d
020 _a9781472564276
040 _aMAIN
082 0 4 _a342.4085
100 1 _aSottiaux, Stefan,
245 1 0 _aTerrorism and the limitation of rights :
_bthe ECHR and the US constitution
_h[electronic resource] /
_cby Stefan Sottiaux.
300 _a1 online resource (xxviii, 443 pages).
500 _aBloomsbury Pub Ebook
500 _aOriginally presented as the author's thesis (doctoral)--Universiteit Antwerpen, 2006.
504 _aIncludes bibliographical references (pages [411]-435) and index.
520 _a"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.
650 0 _aCivil rights
650 0 _aCivil rights
650 0 _aTerrorism (International law)
650 0 _aTerrorism
650 0 _aTerrorism
856 4 0 _uhttps://doi.org/10.5040/9781472564276?locatt=label:secondary_bloomsburyCollections
942 _cEBK
999 _c17448
_d17448