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1 Transnat'l Hum. Rts. Rev. 1 (2014)

handle is hein.journals/tranhurrv1 and id is 1 raw text is: BALANCING, PROPORTIONALITY, AND HUMAN RIGHTS ADJUDICATION IN COMPARATIVE CONTEXT: LESSONS FOR NIGERIA By Basil Ugochukwu* At-roduction kfit 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 *. Legal Process Instructor at the Osgoode Hall Law School of York University, Toronto, Canada. He received a PhD from the Osgoode Hall Law School, and an LL.M degree in hmnan rights from Central European University in Budapest, Hungary in 2008 (under a Fellowship from the Open Society Justice Initiative). He is winner of the 20 10 Osgoode Hall Law School Walter Williston Essay Prize in Civil Liberties. He can be reached via email - ugochukwubc@yaioo. corn. The author presented an earlier version of this article to the second group of the Atlas Agora Doctoral Workshops held at Bar [lan University, Tel Aviv, Israel. 1He is grateful to Dr. Ittai Bar-Siman Tov who led the discussion and Lisa Kerr, Nicholas Leger-Riopel, Yaniv Rozoai, Orly Stern, Sirus Kashefi, Jonathan Kolieb and the anonymous reviewer of this journal for their helpful comments. The author takes responsibility for all remaining shortcomings. 1. David Dyzenhaus, Murray lunt & Michael Taggart: The Principle of Legality in Administrative Law: Internationalization as Constitutionalization (2001) 1 OUCLJ 5 at 6 (describing the culture of justification as one which obliges decision-makers to justify their decisions by showing either how the decisions conform to sore values, including

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