Proportionality: An assault on human rights?
TLDR
Balancing is the main method used by a number of constitutional courts around the world to resolve confl icts of fundamental rights as mentioned in this paper, and it has elevated proportionality to the status of a basic principle of interpretation of the European Convention on Human Rights (ECHR).Abstract:
Balancing is the main method used by a number of constitutional courts around the world to resolve confl icts of fundamental rights. The European Court of Human Rights routinely balances human rights against each other and against confl icting public interests; it has elevated proportionality to the status of a basic principle of interpretation of the European Convention on Human Rights (ECHR). This paper examines the debate on balancing in the context of American constitutional law and the convention and discusses theories that claim some form of balancing is inherent in human rights adjudication. It argues that proportionality constitutes a misguided quest for precision and objectivity in the resolution of human rights disputes, and it suggests that courts should focus, instead, on the real moral issues underlying such disputes.read more
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DissertationDOI
A Roadmap for Assimilating Authors’ and Users’ Human Rights into International Copyright Law
TL;DR: In this paper, the authors argue that international copyright law should play a stronger role in the implementation of authors' and users' international human rights, and that their balanced implementation by means of legislation or adjudicationdepends on three rules: authors and users human rights are limited, they are not hierarchal, and they are interdependent on and indivisible from other human rights and freedoms.
Book
Proportionality and Deference in Investor-State Arbitration: Balancing Investment Protection and Regulatory Autonomy
TL;DR: In this paper, the development of an institutionally sensitive approach to proportionality analysis in investor-state arbitration is discussed. But, the approach is not suitable for the analysis of investment tribunals in regulatory disputes.
Dissertation
A comparative study of fundamental rights in South Africa and Ireland with specific emphasis on human dignity
TL;DR: In this article, the authors present a digitalised Thesis from Trinity College Library which is protected by copyright (under the Copyright and Related Rights Act, 2000 as amended) and other relevant Intellectual Property Rights.
Journal ArticleDOI
The Constitutional Rebuilding of the South African Private Law: A Choice Between Judicial and Legislative Law-Making
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European Intermediary Liability in Copyright. A Tort-Based Analysis
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