The Human Right to Resist in International and Constitutional Law

Shannonbrooke Murphy (St Thomas University)

$201.95

Hardback

Forthcoming
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English

Cambridge University Press
27 February 2025

Political science & theory; Human rights; Civil rights & citizenship; Legal history; Human rights & civil liberties law

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.

By: Shannonbrooke Murphy (St Thomas University)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
ISBN: 9781108838214
ISBN 10: 1108838219
Pages: 376
Publication Date: 27 February 2025
Audience: College/higher education , A / AS level , Further / Higher Education
Format: Hardback
Publisher's Status: Forthcoming

Shannonbrooke Murphy is Endowed Chair in Human Rights and Associate Professor in the Human Rights Department of St Thomas University in Canada. She was appointed as a Human Rights Commissioner with the provincial New Brunswick Human Rights Commission in 2023, and as Director of the Atlantic Human Rights Centre in 2024.