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Description
Preface

Table of Contents

	The Abuse of Rights and the Rule of Law
	Abuse of Fundamental Rights or the Difficulties of Purposiveness
	The Instrumental Use of Basic Rights by the Stalinist Judiciary
	How Constitutionalist Is the Balancing of Rights?
	The Rule of Law: An Abuser's Guide
	The ‘Dark Side’ of the UN's War on Terrorism
	Equality as Reasonableness: Constitutional Normativity in Demise
	The Antinomy of Freedom and Equality
	Constitutional Norms in a State of Permanent Emergency
	The Wrong Vocabulary of Right: Minority Rights and the Boundaries of Political Community
	The Elusivity of Rights
	Too Many, Too Much, Too Strong: Is There a Need for a Doctrine of Abuse of Political and Civil Rights?
	Beyond Rights
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Description

This book addresses the problem of abuse - not what is commonly understood as 'abuse of human rights' where authorities violate fundamental rights by simply denying them. Rather, it refers to authorities and individuals claiming human (fundamental) rights and the rule of law in ways that violate the fundamental rights of other people.

Most contributors to this volume agree that in certain instances fundamental rights are used improperly, with troubling consequences, and that making us aware of such improprieties is necessary for the most efficient and just operation of the constitutional system. Several methods how to approach the issue are covered in this book, ranging from the use of existing doctrinal categories (e.g. conflict of rights) to developing a doctrine of abuse of rights. They help in clarifying improper uses of rights and the rule of law in constitutional and international law.

The thought-provoking essays in this book are a welcome contribution to the debate if and how to deal with the negative consequences of rights-based action.

Target group

Academics

Author's information

edited by András Sajó, Central European University, Budapest

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