9780195341157 hardback alkaline paper 0195341155 hardback alkaline paper
Bibliography, etc. Note
Includes bibliographical references (pages -181) and index.
Formatted Contents Note
"Rights" discourse Structural impediments to consistent application of "universal" human rights The enlarged view of rights in contemporary constitutions and human rights conventions : the notion of defeasible rights Litigation involving a conflict of rights, each of equal value The epistemology of judicial decision making The unsuccessful attempt to find a philosophical "north star" to aid in judicial decision making The use of balancing tests and factor analysis : the inevitable tendency to resort to bright-line tests An overview of case-by-case adjudication, its possible goals, and the influence of legal traditions The optimal conditions for case-by-case adjudication and its limits Case-by-case adjudication of contentious human rights controversies What if we must choose?
K3240 .C4748 2011
New York : Oxford University Press,