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Philosopher Kings?: The Adjudication of Conflicting Human by George C. Christie

By George C. Christie

Thinker Kings? The Adjudication of Conflicting Human Rights and Social Values, by way of George C. Christie, examines the makes an attempt via courts to tackle conflicts concerning freedom of expression, together with non secular expression, at the one hand, and rights to privateness and different very important social values at the different. It methods the topic from a comparative standpoint, utilizing largely circumstances determined by way of eu and usa courts. an important a part of this publication analyzes conflicts among freedom of expression and the correct to privateness. In a global within which, freedom of expression and privateness are acknowledged to be of equivalent price, the booklet explores if it is attainable to enhance, via case-by-case adjudication, a felony regime that may provide transparent path as to what expression is or isn't authorized. another way, if the sort of regime proves very unlikely, within the guise of spotting the equivalent worth of expression and privateness, privateness could turn into de facto the popular worth.

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1994] McLeod v. R. ). 16. Id. at 561. 26 philosopher kings? Finding herself foreclosed from further relief in Great Britain, the ex-wife, now the applicant, sought relief from the now defunct European Commission of Human Rights on the grounds that, inter alia, the actions of the police constables were in violation of Article 8 of the European Convention. Article 8 provides, in relevant part, that [e]veryone has the right to respect for his private . . life [and] his home. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, [or] for the prevention of disorder or crime.

21. George P. Fletcher, Comparative Law as a Subversive Discipline, 46 Am. J. Comp. L. 683, 699 (1998). 28 philosopher kings? is driving at is that, when discretion is entrusted to judges or administrative officials, the common law is generally prepared to accept any reasonable solution provided that, in the decisional process, the appropriate proceedings were followed. This is the point underlying Lord Hoffmann’s comments, noted earlier in this chapter, about the different roles English judges play depending on whether they are reviewing decisions of English administrative bodies governed solely by domestic law or are instead applying the European Convention.

In Hohfeldian terms, it is the duty imposed on the state, and consequently on human beings acting in its name, that is primary, and it is from that duty whatever legal rights an individual has are derived. Furthermore, although not similarly absolute in effect, the freedom of expression contained in the First Amendment of the United States Constitution, which also does not use the word “right” at all but merely provides that “Congress [and now, by extension, the several states] shall make no law .

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