Justifying Evolutive Interpretation Of The European Court Of Human Rights
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Justifying Evolutive Interpretation Of The European Court Of Human Rights
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Author : Afroja K
language : en
Publisher: Independently Published
Release Date : 2020-08-21
Justifying Evolutive Interpretation Of The European Court Of Human Rights written by Afroja K and has been published by Independently Published this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-21 with categories.
This book critically examines the role and scope of the European Court of Human Rights (ECtHR) to interpret the right to life under Article 2 and freedom from torture, inhumane or degrading treatment and punishment under Article 3 of the European Convention on Human Rights (ECHR). It will also highlight some of the relevant major judicial decisions of the Court where the strengths and weaknesses of the Convention have been interpreted. The book will justify the Court as a dynamic and evolutive advisor and interpreter of the Convention while interpreting the rights with reference to the relevant Protocols, human rights laws and domestic laws.
A Constitutionalist Approach To The European Convention On Human Rights
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Author : Lisa Sonnleitner
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-04-21
A Constitutionalist Approach To The European Convention On Human Rights written by Lisa Sonnleitner and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-21 with Law categories.
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.
Constituting Europe
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Author : Andreas Føllesdal
language : en
Publisher:
Release Date : 2013
Constituting Europe written by Andreas Føllesdal and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Electronic books categories.
An assessment of the European Court of Human Rights at the national, European and international levels.
Evolutionary Interpretation And International Law
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Author : Georges Abi-Saab
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-09-05
Evolutionary Interpretation And International Law written by Georges Abi-Saab and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-05 with Law categories.
This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner. This timely, authoritative compendium offers an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current trends and future challenges.
A Theory Of Interpretation Of The European Convention On Human Rights
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Author : George Letsas
language : en
Publisher: Oxford University Press, USA
Release Date : 2007-12-13
A Theory Of Interpretation Of The European Convention On Human Rights written by George Letsas and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-13 with Law categories.
This study of the European Convention on Human Rights aims at propounding an evaluative theory of interpretation for the Convention, and seeks to locate interpretive values within the history of the ECHR by surveying and analysing relevant judgements of the European Court of Human Rights.
Evolutionary Interpretation And International Law
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Author : Georges Abi-Saab
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-09-05
Evolutionary Interpretation And International Law written by Georges Abi-Saab and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-05 with Law categories.
This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner. This timely, authoritative compendium offers an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current trends and future challenges.
The Margin Of Appreciation
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Author : Steven C. Greer
language : en
Publisher:
Release Date : 2000
The Margin Of Appreciation written by Steven C. Greer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
V. Subsidiarity and review
Implementation Of The European Convention On Human Rights And Of The Judgments Of The Ecthr In National Case Law
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Author : Janneke Gerards
language : en
Publisher:
Release Date : 2014
Implementation Of The European Convention On Human Rights And Of The Judgments Of The Ecthr In National Case Law written by Janneke Gerards and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Convention for the Protection of Human Rights and Fundamental Freedoms ǂd (1950 November 5) categories.
This book questions the correctness of these assumptions and aims for further study of them. This is done by disentangling and illuminating the different elements underlying the interrelationship between the Court and the national courts. The objective is to distinguish between the requirements set by the Court; the constitutional powers and competences of national courts to interpret and apply international law, in particular the Convention; the way in which these courts actually use these competences to deal with the Court's interpretative approaches; and the type of criticism that is levelled at the Court's case-law. These elements are studied from the perspective of the Court as well as from a national perspective, in particular for Belgium, France, Germany, the Netherlands, Sweden and the United Kingdom. Analysing these elements separately enables a fruitful assessment of their interrelationship and provides a sound basis for a constructive debate on the implementation of the Convention in national law, which is based on solid constitutional foundations rather than assumptions and intuitions. The current book is therefore of great interest to those who are interested in debates on the interrelationship between the Court and the states - scholars, as well as judges, policy makers and politicians - but also to those who take a more general interest in constitutional implementation mechanisms, judicial powers and judicial argumentation.
The Constitutional Relevance Of The Echr In Domestic And European Law
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Author : Giorgio Repetto
language : en
Publisher: Intersentia Uitgevers N V
Release Date : 2013
The Constitutional Relevance Of The Echr In Domestic And European Law written by Giorgio Repetto and has been published by Intersentia Uitgevers N V this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
In recent years, the European Convention on Human Rights (ECHR) gained unexpected relevance in the European constitutional culture. On the one hand, its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights' reputation vis-a-vis the Member States. On the other hand, and even more importantly, the ECHR's significance arises from a changing perception of its constitutional potential. Starting with the assumption that the ECHR is transforming the European constitutional landscape, this book shows that the European Convention raises unprecedented problems that involve, first of all, its own theoretical status as constitutional instrument that ensures the protection of human rights in Europe. Changing paradigms concerning its incorporation in domestic law, as well as the growing conflicts about the protection of some rights and liberties that are deeply rooted in national legal contexts (such as teaching of religion, bio law, and rights of political minorities), are jointly examined in order to offer a unified methodology for the study of European constitutional law centered upon human rights. For a detailed analysis of these issues, the book examines the different facets of the ECHR's constitutional relevance by separating the ECHR's role as a 'factor of Europeanization' for national constitutional systems (Part I) from its role as a veritable European transnational constitution in the field of human rights (Part II). Written for legal scholars focusing on the emerging trends of European and transnational constitutional law, the book investigates the basic tenets of the role of the ECHR as a cornerstone of European constitutionalism.
Human Rights In The Council Of Europe And The European Union
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Author : Steven Greer
language : en
Publisher: Cambridge University Press
Release Date : 2018-03-29
Human Rights In The Council Of Europe And The European Union written by Steven Greer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-29 with Law categories.
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms