Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-rcrh6 Total loading time: 0 Render date: 2024-11-26T15:07:06.700Z Has data issue: false hasContentIssue false

1 - On Limits and Restrictions of Human Rights

A Systematic Attempt

Published online by Cambridge University Press:  13 August 2021

Joseph E. David
Affiliation:
Sapir Academic College, Israel
Yaël Ronen
Affiliation:
Academic Center for Science and Law, Hod Hasharon, Israel
Yuval Shany
Affiliation:
Hebrew University of Jerusalem
J. H. H. Weiler
Affiliation:
New York University
Get access

Summary

The chapter tries to establish a systematic framework which allows us to structure the examination of human rights cases by indicating the necessary legal components and putting these elements in their proper place and in context to each other. Substantive human rights guarantees as, e.g., enshrined in the International Covenant on Civil and Political Rights or the European Convention, cannot be fully understood without taking account of their explicit or implicit limitations; only together do they form the basis for their successful invocation. Therefore the legal limits of and restrictions to human rights as well as the limitations drawn to the use of restrictions, as particularly the principle of proportionality, are discussed. Primacy of freedom, (strict) interpretation, balancing of rights, absolute rights, margin of appreciation and derogation from human rights are other issues that have to be dealt with in the given context.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×