The role of the principle of liberty in the human rights system - International Law And Integration Problems (Scientific-Analytical Journal) №2 2025

Açıqlama:

The study provides a comprehensive analysis of the place of the principle of liberty within the system of human rights principles, drawing upon historical and theoretical perspectives, doctrinal diversity in legal scholarship, international legal instruments, and judicial practice. In the first part of the study, the relevance of the topic and its main directions are identified, including the key factors that determine the significance of the principle of liberty within the human rights system. It is emphasized that the principle of liberty constitutes one of the fundamental categories forming the theoretical and normative foundation of human rights law. At the same time, it is not merely a specific right, but also a guiding principle that defines the essence of the relationship between the individual and the state, as well as the limits of legal regulation. Moreover, as an integral component of human dignity, liberty is regarded as one of the essential foundations of individual autonomy, self-realization, and recognition as a legal subject. The second part of the research evaluates the principle of liberty within the broader context of the relationship between law and freedom. The third part examines the historical development of the principle of liberty and its recognition and consolidation as a human right. Reference to the views of prominent thinkers in this field, as well as to contemporary scholarship, enables the formulation of well-grounded conclusions. The fourth part identifies the key characteristics of liberty as a foundational basis for the realization of other rights. The fifth part analyzes the constitutional foundations of the principle of liberty. A comparative review of the constitutions of various states across different regions of the world demonstrates that the right to liberty is, in most cases, broadly enshrined, which has contributed to its recognition and development as a constitutional principle. In the concluding section, the findings of the research are summarized and a number of significant propositions are advanced.


Müəllif : Aygul Jahangirova
Nəşr tarixi : 2025
Yüklənmə sayı : 26

Girl in a jacket : Ödənişsiz

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