Abuse

András Sajó

This guide addresses the issue of abuse – not what is usually understood as ‘abuse of human rights’ the place authorities violate elementary rights by merely denying them. Somewhat, it refers to authorities and people claiming human (elementary) rights and the rule of legislation in ways in which violate the elemental rights of different folks. Most contributors to this quantity agree that in sure cases elementary rights are used improperly, with troubling penalties, and that making us conscious of such improprieties is critical for essentially the most environment friendly and simply operation of the constitutional system. A number of strategies how you can method the difficulty are lined on this guide, starting from using present doctrinal classes (e.g. battle of rights) to growing a doctrine of abuse of rights. They assist in clarifying improper makes use of of rights and the rule of legislation in constitutional and worldwide legislation. The thought-provoking essays on this guide are a welcome contribution to the controversy if and how you can take care of the adverse penalties of rights-based motion.