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5 - Norm Conflict

Published online by Cambridge University Press:  04 April 2019

Stuart Wallace
Affiliation:
University of Cambridge
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Summary

This chapter looks at the Court’s approach towards the resolution of norm conflicts. The conflict between Article 5 (the right to liberty and security) of the European Convention on Human Rights and the provisions of international humanitarian law that permit security detention is examined in detail. The chapter considers different methods of norm conflict resolution, arguing that the European Court of Human Rights manifests a very strong aversion towards holding any law superior to Convention norms. The chapter argues that the Court’s use of harmonious interpretation in Hassan v. United Kingdom is a welcome and positive development that should be followed in future cases.
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Publisher: Cambridge University Press
Print publication year: 2019

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  • Norm Conflict
  • Stuart Wallace, University of Cambridge
  • Book: The Application of the European Convention on Human Rights to Military Operations
  • Online publication: 04 April 2019
  • Chapter DOI: https://doi.org/10.1017/9781108566469.006
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  • Norm Conflict
  • Stuart Wallace, University of Cambridge
  • Book: The Application of the European Convention on Human Rights to Military Operations
  • Online publication: 04 April 2019
  • Chapter DOI: https://doi.org/10.1017/9781108566469.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Norm Conflict
  • Stuart Wallace, University of Cambridge
  • Book: The Application of the European Convention on Human Rights to Military Operations
  • Online publication: 04 April 2019
  • Chapter DOI: https://doi.org/10.1017/9781108566469.006
Available formats
×