The Human Right to Resist in International and Constitutional Law

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The Human Right to Resist in International and Constitutional Law

By Shannonbrooke Murphy
Cambridge University Press February 2025

Specifications

ISBN-13
9781108838214
Publisher
Cambridge University Press
Publication
February 2025
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

The human right to resist is a contemporary legal concept with an ancient pedigree. Although it has received recognition in constitutions, customary international law and human rights treaties, and acknowledgment by leading publicists of international law, it remains obscure compared to other human rights. In this innovative and comprehensive book, Shannonbrooke Murphy addresses the perennial question of who has a 'right' to resist – and what, when, why, and how, from a legal perspective. Using a systematic and comparative approach to analyzing both the theoretical concept and the provisions in positive law, this study aims to establish that a 'right to resist' can be recognized and codified as an enforceable 'human right', proposing a common conceptual language and an analytical framework for evaluating the legal basis of claims. Murphy makes a strong and detailed case for a firmer place for the 'right to resist' in the human rights lexicon.

Table of Contents

1. Introduction: in from the margins

Part I. The Concept:
2. Advancing a legal definition of the right
3. Clarifying the nature and legal function of the right
4. Identifying the elements and legal content of the right

Part II. The Law:
5. Domestic provision in constitutional law
6. Recognition in general or customary international law
7. Provision in treaty law and other international codification
8. Conclusions and an agenda for reconsideration

Bibliography
Index
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