What is the nature of the role that courts perform when they evaluate human rights complaints? Answering this question engages two related but contending values in the process of protecting human rights through judicial means. The first value is that persons are entitled to certain rights and freedoms that are either completely outside the controlling power of the state, organizations and others in the society, or which when they are infringed could trigger an application for judicial protection by the victims. The second value is that the state can impose limitations on certain rights and freedoms but only if it could justify those limitations by showing how they further overriding public objectives. Among those objectives may be to protect the rights of others from violation or to preserve overall public order, health, safety and morality. This article discusses the evolution of comparative judicial standards the balancing of personal rights and freedoms against interests of the public at large.
"Balancing, Proportionality, and Human Rights Adjudication in Comparative Context: Lessons for Nigeria."
The Transnational Human Rights Review