'International Meaning': Comity in Fundamental Rights Adjudication
نویسندگان
چکیده
منابع مشابه
Reasoning with fundamental rights
People often withdraw previously drawn conclusions in light of new information. This defeasible reasoning is also important for law, where judges often have to change their verdicts in light of new evidence. Here we investigate defeasibility in the context of conflicting fundamental rights. When, for instance, law to property conflicts with law to information, can one of these rights be “defeat...
متن کاملpublished international legal documents : charter rights fundamental european :union: ( 7 december 2000
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The standard account today of customary international law (CIL) is that it arises from the widespread and consistent practice of states followed out of a sense of legal obligation. Although commonly recited, this account is plagued by evidentiary, normative, and conceptual difficulties, and it has been subjected to increasing criticism in recent years. This paper posits a different account of C...
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Background: The main purpose of criminal law must be to secure the basic human rights or fundamental rights of individuals. But the matter is the relationship between morality and human rights. For the purpose of the science of morality is to bring humanity to the highest degree of humanity, and the purpose of law is to achieve relative justice and to restore order in society. Equity is also a ...
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ژورنال
عنوان ژورنال: International Journal of Refugee Law
سال: 2001
ISSN: 0953-8186,1464-3715
DOI: 10.1093/ijrl/13.3.280