Justice and Human Rights - Juan Ramón Liébana Ortiz
This monograph analyses how judges decide when faced with a human rights controversy through a theoretical-practical approach, which combines an explanation of the different theories on the judicial substantiation of rights with practical examples taken from European and Spanish case law. Through specific examples, the insufficiency of legal positivism for the substantiation of judgements relating to human rights and the persistence of iusnaturalist criteria in the substantiation of judicial decisions..
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