Fourth International Colloquy About The European Convention On Human Rights
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A Constitutionalist Approach to the European Convention on Human Rights
Author | : Lisa Sonnleitner |
Publisher | : Bloomsbury Publishing |
Total Pages | : 272 |
Release | : 2022-04-21 |
Genre | : Law |
ISBN | : 1509946896 |
This book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional principles are balanced with each other. The author argues that there are three possible interpretive approaches in time-sensitive interpretations of the ECHR, but that only one of them is justifiable by reference to the constitutional principles of the ECHR in every single case. The ECHR's constitutional principles either require an evolutive or static interpretation or they do not establish a preference relation at all, which leads to a margin of appreciation of the member states in the interpretation of the Convention. The balancing model requires the determination of the weights of the competing evolutive and static constitutional principles. For this purpose, the author defines weighting factors for determining the importance of evolutive or static interpretation in a concrete case.
European Convention on Human Rights Year: 1975
Author | : Council of Europe/Conseil de L'Europe |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 480 |
Release | : 1976-06-01 |
Genre | : Political Science |
ISBN | : 9789024718634 |
This volume of the "Yearbook of the European Convention on Human Rights, prepared by the Directorate of Human Rights of the Council of Europe, relates to 2003. Part one contains information on the Convention. Part two deals with the control mechanism of the European Convention on Human Rights: selected judgments of the European Court of Human Rights and human rights (DH) resolutions of the Committee of Ministers; part three groups together the other work of the Council of Europe in the field of human rights, and includes the work of the Committee of Ministers, the Parliamentary Assembly and the Directorate General of Human Rights; part four is devoted to information on national legislation and extracts from national judicial decisions concerning rights protected by the Convention. Appendix A contains a bibliography on the Convention, and Appendix B the biographies of the new judges elected to the European Court of Human Rights.
The Evolution of the European Convention on Human Rights
Author | : Ed Bates |
Publisher | : Oxford University Press |
Total Pages | : 609 |
Release | : 2010-12-23 |
Genre | : Law |
ISBN | : 0199207992 |
The European Convention on Human Rights is probably the most effective system of international human rights control created. This book examines the story of the evolution of the Convention over its first 50 years. It explains how the Convention system grew up and how it came to exert such an important influence on the States which subscribe to it.
Domestic Application of the ECHR
Author | : Eirik Bjorge |
Publisher | : Oxford University Press |
Total Pages | : 305 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0198743637 |
A critique of how domestic courts in the EU apply the European Convention on Human Rights and interact with the European Court of Human Rights at Strasbourg. It considers the British, French, and German approaches to the ECHR and shows that domestic courts apply and develop the Convention faithfully and positively.
Yearbook of the European Convention on Human Rights/Annuaire de la convention europeenne des droits de l'homme, Volume 20 (1977)
Author | : Council of Europe/Conseil de l'Europe |
Publisher | : BRILL |
Total Pages | : 880 |
Release | : 2024-08-26 |
Genre | : Law |
ISBN | : 9004703675 |
Static and Evolutive Treaty Interpretation
Author | : Christian Djeffal |
Publisher | : Cambridge University Press |
Total Pages | : 451 |
Release | : 2016 |
Genre | : Law |
ISBN | : 110711831X |
How should international treaties be interpreted over time? This book addresses what evolutive interpretation looks like in reality.
Fair Balance: Proportionality, Subsidiarity and Primarity in the European Convention on Human Rights
Author | : Jonas Christoffersen |
Publisher | : BRILL |
Total Pages | : 686 |
Release | : 2009-06-02 |
Genre | : Law |
ISBN | : 9004180818 |
In one of the most important publications on the European Convention and Court of Human Rights in recent years, a wide range of fundamental practical and theoretical problems of crucial importance are addressed in an original and critical way bringing a fresh, coherent and innovative order into well-known battle zones. The analysis revolves around the Court’s fair balance-test and comprises in-depth analyses of e.g. methods of interpretation, proportionality, the least onerous means-test, the notion of absolute rights, subsidiarity, formal and substantive principles, evidentiary standards, proceduralisation of substantive rights etc. The author coins the term of “primarity” in order to clarify the obligation of the Contracting Parties to implement the Convention in domestic law.
The European Convention on Human Rights
Author | : William A. Schabas |
Publisher | : Oxford University Press |
Total Pages | : 1433 |
Release | : 2015-09-24 |
Genre | : Law |
ISBN | : 019106677X |
The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.
Essays on the Development of the International Legal Order
Author | : Frits Kalshoven |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 238 |
Release | : 1980-10 |
Genre | : Law |
ISBN | : 9004640533 |