By George C. Christie
Thinker Kings? The Adjudication of Conflicting Human Rights and Social Values, through George C. Christie, examines the makes an attempt through courts to deal with conflicts related to freedom of expression, together with non secular expression, at the one hand, and rights to privateness and different vital social values at the different. It techniques the topic from a comparative viewpoint, utilizing mostly circumstances determined via ecu and usa courts. an important a part of this booklet analyzes conflicts among freedom of expression and the best to privateness. In an international within which, freedom of expression and privateness are stated to be of equivalent worth, the publication explores if it is attainable to advance, via case-by-case adjudication, a felony regime which could supply transparent course as to what expression is or isn't authorised. in a different way, if this type of regime proves very unlikely, within the guise of spotting the equivalent price of expression and privateness, privateness might develop into de facto the popular price.
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Additional info for Philosopher Kings?: The Adjudication of Conflicting Human Rights and Social Values
Example text
It is obvious that this book will only be concerned with these traditional sorts of rights in an ancillary way. The book instead focuses on two other broad categories of rights. ” As was pointed out earlier in this chapter, assertions of the existence of any such right would not be considered a true right under a Hohfeldian analysis unless it were accompanied by a description of exactly what it is that the claimant is entitled to and who is required to provide that something to the claimant. As to who is required to provide the claimant with his entitlement, it would normally be some agent of the state.
This certainly is the universal understanding of the purpose of the European Convention. Furthermore, many people believe that not only are these rights not simply the creations of an all-powerful state but also that the decisions of courts in interpreting and applying these rights are not the last word as to what might be the content and scope of these rights. The huge uproar in the United States when the Supreme Court, in Kelo v. City of New London,8 claiming with some justification to be applying settled law, held that a sufficient public purpose can justify a government’s using its power of eminent domain to acquire property to be turned over to a private developer as part of a plan to facilitate the renaissance of a moribund urban area, is proof enough of that.
I am concerned rather with a broader procedural issue, namely, what happens if a jury perversely acquits despite overwhelming evidence of guilt. It seems extremely doubtful that the United States would ever enter into arrangements under which it could be brought before an international tribunal by its own citizens because a jury was unwilling to convict a person who, we will assume, clearly deserved to be convicted. The common law tolerance of jury nullification, however much it has 26. Id. at ¶ 23.