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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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Litigation Involving a Conflict of Rights, Each of Equal Value

Litigation Involving a Conflict of Rights, Each of Equal Value

Chapter:
(p.51) 5 Litigation Involving a Conflict of Rights, Each of Equal Value
Source:
Philosopher Kings?
Author(s):

George C. Christie (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195341157.003.1000

An examination of the tension between the right of privacy and the right of freedom of expression is as timely and appropriate a choice as one could find in a study that seeks to understand whether the modern, enlarged concept of human rights can facilitate the judicial resolution of important and emotionally charged social conflicts in a way that produces results that both satisfy our sense of social justice and are compatible with the traditional view of the role of courts. In discussing conflicts between the rights protected under Article 8 and the rights guaranteed under Article 10 of the European Convention in disputes between private parties, one must begin by recognizing that all legal systems enforce some legal protection of what might be called privacy interests. The issue which is now being litigated in Europe is whether, in the name of justice or some other moral imperative captured by the notion of “a right,” a person can be restrained or even punished for publishing information that is not false and that has not been obtained unlawfully or under any actual or implied promise of confidentiality. This chapter discusses two judicial decisions, one by the European Court of Human Rights, the other by the House of Lords, both of which were rendered in 2004; these have become leading cases in this area of the law.

Keywords:   human rights, human rights law, right to privacy, right to freedom, European Court of Human Rights, House of Lords, European Convention

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