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Philosopher Kings?The Adjudication of Conflicting Human Rights and Social Values$
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George C. Christie

Print publication date: 2011

Print ISBN-13: 9780195341157

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780195341157.001.0001

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The Enlarged View of Rights in Contemporary Constitutions and Human Rights Conventions—The Notion of Defeasible Rights

The Enlarged View of Rights in Contemporary Constitutions and Human Rights Conventions—The Notion of Defeasible Rights

Chapter:
(p.37) 4 The Enlarged View of Rights in Contemporary Constitutions and Human Rights Conventions—The Notion of Defeasible Rights
Source:
Philosopher Kings?
Author(s):

George C. Christie (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195341157.003.0004

The European Court of Human Rights has been forced to consider the protection given to freedom of expression in a variety of circumstances which can roughly be divided into two broad categories. The first concerns instances in which rights guaranteed by the Convention, including freedom of expression, have been regulated and even suppressed for certain important public purposes. These types of cases are grouped together under the rubric “defeasibility of rights,” which are discussed in this chapter. The other category encompasses cases in which the Court has been called upon to restrict and even punish the attempt to exercise rights protected by the Convention, including, again, freedom of expression, in order to protect some other right guaranteed by the Convention.

Keywords:   European Court of Human Rights, freedom of expression, defeasibility of rights, human rights law, European Convention

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