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Common law rights: Balancing domestic and international exigencies

Abstract:

The protection of human rights through common law principles and values has a greater potential than has been recognised hitherto. First, the adoption at common law of the proportionality test of interferences with rights shows that, when human rights are at issue, the courts will apply an exigent test, allowing interferences only if, amongst other things, a less intrusive measure could not have been used. Secondly, the principle of legality, along with common law constitutionalism as develop...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1017/S0008197316000258

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Role:
Author
Publisher:
Cambridge University Press Publisher's website
Journal:
Cambridge Law Journal Journal website
Volume:
75
Issue:
2
Pages:
220-243
Publication date:
2016-05-01
Acceptance date:
2016-03-21
DOI:
ISSN:
1469-2139
Source identifiers:
613089
Keywords:
Pubs id:
pubs:613089
UUID:
uuid:4189a4c3-066f-41dc-aeb0-1e032b47905d
Local pid:
pubs:613089
Deposit date:
2016-04-04

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