Introduction to Law

really hateful is its objective or its severity. Here we have to look back at the political language dimension of human rights a ...

Expropriation Finally, it is noteworthy that the state may often simply take property as long as it provides fair compensation f ...

also have “freedom dimensions” (the duty to respect discussed above), such as allowing the parents to choose the type of educati ...

having to reach a verdict within “reasonable time” and maintaining the presumption of innocence. Third, one must also consider w ...

12.7 The Boundaries of Human Rights 12.7.1 Rights as Trumps? Human rights make a claim to hierarchy. They are not at the same le ...

Consider a situation in which a celebrity sues a journalist for taking pictures of her when she is with her children, such as th ...

important but in doing so formulates abstract criteria for determining the impor- tance of a right that may be relied upon by ci ...

rights should be unnecessary if we live in a society committed to values of tolerance and equality. Core Content Beyond this, ma ...

12.8 Protection of Human Rights Rights are not merely good intentions. If a right is violated, one must be able to find a way to ...

The type of remedies these courts may order is in state of flux and through various mechanisms the European Court of Human Right ...

have some combination of the above. Nonbinding interpretations of human rights by experts usually gives rise to soft law: these ...

Elements of Procedural Law 13 Fokke Fernhout and Remco van Rhee 13.1 Introduction In law, there are always at least two sides to ...

not be able to solve their disagreements themselves. And indeed, most societies primarily leave it to the parties to find a solu ...

main source for the concept of a fair trial and related institutional and procedural matters, since it is the only international ...

13.2.1.1 Appointment for Life Independence itself can be realized in several ways. In many states, the appoint- ment of judges f ...

Therefore, judges should be carefully selected and schooled. A psychological test could be part of the procedure, as well as int ...

suspicion”, the impartiality of the court became open to doubt and did not pass the objective test. 13.2.2.4 Private Life Safegu ...

By the 1960s, Parkhurst Prison on the Isle of Wight had developed into a top-security prison. It held Britain’s most reputed and ...

Under Irish law, divorce was impossible, but instead a judicial separation could be obtained by a High Court decree on one of th ...

inflexible. Legal certainty about the status of judgments (i.e., whether they are final or not) is more valued by domestic law t ...