Tag Archives: Human rights

Disproportionate Individualism

  A tale of two societies  Since at least the publication of Alexis de Tocqueville’s famous work Democracy in America, common wisdom has it that the USA is par excellence an individualistic society.[1] The judiciary has had more than a … Continue reading

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Notes on liberal sociability

Is it possible to arrive at a concept of society (let alone a fair society) having a Hobbesian individualism as starting point? That is, starting with the notion that society is an aggregate of individuals who by nature have “a … Continue reading

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Total Freedom: the Morality of Proportionality

Stavros Tsakyrakis [1] Introduction Are the doctrines we employ in human rights adjudication true to the importance of human rights norms? This question is pressed upon us by the growing popularity, in recent years, of the proportionality test in many … Continue reading

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Is there a general right of non-disclosure?

By Stavros Tsakyrakis[1] Introduction What information about ourselves do we owe each other? What information about ourselves are we justified to withhold from others? Do I have the right to keep my name secret or my face covered? What about … Continue reading

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I•CON Debate! Proportionality: An assault on human rights?: A rejoinder to Madhav Khosla

Stavros Tsakyrakis[*] In his interesting and thoughtful defence of proportionality, Madhav Khosla concedes that “certain types of balancing [are] objectionable”. He cites with approval the Israeli Supreme Court decision in Public Committee Against Torture in Israel, which affirmed a blanket … Continue reading

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Proportionality: An assault on human rights?

Stavros Tsakyrakis[1] Balancing is the main method used by a number of constitutional courts around the world to resolve conflicts of fundamentals rights. The European Court of Human Rights routinely balances human rights against each other and against conflicting public … Continue reading

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