Abuse : The Dark Side of Fundamental Rights

This book addresses the problem of abuse ? not what is commonly understood as ?abuse of human rights? where authorities violate fundamental rights by simply denying them. Rather, it refers to authorities and individuals claiming human (fundamental) rights and the rule of law in ways that violate the fundamental rights of other people. Most contributors to this volume agree that in certain instances fundamental rights are used improperly, with troubling consequences, and that making us aware of such improprieties is necessary for the most efficient and just operation of the constitutional system. Several methods how to approach the issue are covered in this book, ranging from the use of existing doctrinal categories (e.g. conflict of rights) to developing a doctrine of abuse of rights. They help in clarifying improper uses of rights and the rule of law in constitutional and international law.The thought-provoking essays in this book are a welcome contribution to the debate how to deal with the negative consequences of rights-based action.Sajo, Andras is the author of 'Abuse : The Dark Side of Fundamental Rights', published 2006 under ISBN 9789077596166 and ISBN 907759616X.