The Margin Of Appreciation Doctrine And The Principle Of Proportionality In The Jurisprudence Of The Echr
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The Margin Of Appreciation Doctrine And The Principle Of Proportionality In The Jurisprudence Of The Echr
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Author : Yutaka Arai-Takahashi
language : en
Publisher: Intersentia nv
Release Date : 2002
The Margin Of Appreciation Doctrine And The Principle Of Proportionality In The Jurisprudence Of The Echr written by Yutaka Arai-Takahashi and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Convention for the Protection of Human Rights and Fundamental Freedoms categories.
5.2.3. Burden of Proof
The European Convention On Human Rights
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Author : William A. Schabas
language : en
Publisher: Oxford University Press
Release Date : 2015-09-24
The European Convention On Human Rights written by William A. Schabas and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-24 with Law categories.
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.
Lethal Force The Right To Life And The Echr
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Author : Stephen Skinner
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-08-22
Lethal Force The Right To Life And The Echr written by Stephen Skinner and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-22 with Law categories.
In its case law on the use of lethal and potentially lethal force, the European Court of Human Rights declares a fundamental connection between the right to life in Article 2 of the European Convention on Human Rights and democratic society. This book discusses how that connection can be understood by using narrative theory to explore Article 2 law's specificities and its deeper historical, social and political significance. Focusing on the domestic policing and law enforcement context, the book draws on an extensive analysis of case law from 1995 to 2017. It shows how the connection with democratic society in Article 2's substantive and procedural dimensions underlines the right to life's problematic duality, as an expression of a basic value demanding a high level of protection and a contextually limited provision allowing states leeway in the use of force. Emphasising the need to identify clear standards in the interpretation and application of the right to life, the book argues that Article 2 law's narrative dimensions bring to light its core purposes and values. These are to extract meaning from pain and death, ground democratic society's foundational distinction between acceptable force and unacceptable violence, and indicate democratic society's essential attributes as a restrained, responsible and reflective system.
General Principles Of The European Convention On Human Rights
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Author : Janneke Gerards
language : en
Publisher: Cambridge University Press
Release Date : 2023-07-13
General Principles Of The European Convention On Human Rights written by Janneke Gerards 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 2023-07-13 with Law categories.
Provides broad and deep insight in the core concepts and principles of the European Convention on Human Rights.
Jacobs White Ovey The European Convention On Human Rights
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Author : Robin C A White
language : en
Publisher: Oxford University Press, USA
Release Date : 2010-03-18
Jacobs White Ovey The European Convention On Human Rights written by Robin C A White 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 2010-03-18 with Law categories.
"The highly experienced and respected authors select the most important case law and give a highly authoritative, concise account of the European Convention on Human Rights. Focuses on the European Convention itself rather than its implementation in any one member state, and so is essential reading for human rights students across Europe. Examines each Convention right in turn, with a newly revised structure to map even more closely to human rights courses. As a lecturer and a practitioner, the authors are perfectly placed to provide up-to-date coverage of Strasbourg case law and explain it in a lively, straightforward manner" -- From publisher's website.
Can The European Court Of Human Rights Shape European Public Order
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Author : Kanstantsin Dzehtsiarou
language : en
Publisher: Cambridge University Press
Release Date : 2021-12-02
Can The European Court Of Human Rights Shape European Public Order written by Kanstantsin Dzehtsiarou 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 2021-12-02 with Law categories.
The first comprehensive analysis of the concept of European Public Order as deployed by the European Court of Human Rights.
The European Court Of Human Rights In The Post Cold War Era
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Author : James A. Sweeney
language : en
Publisher: Routledge
Release Date : 2013-01-17
The European Court Of Human Rights In The Post Cold War Era written by James A. Sweeney and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-17 with Law categories.
The European Court of Human Rights in the Post-Cold War Era: Universality in Transition examines transitional justice from the perspective of its impact on the universality of human rights, taking the jurisprudence of the European Court of Human Rights as its detailed case study. The problem is twofold: there are questions about differences in human rights standards between transitional and non-transitional situations, and about differences between transitions. The European Court has been a vital part of European democratic consolidation and integration for over half a century, setting meaningful standards and offering legal remedies to the individually repressed, the politically vulnerable, and the socially excluded. After their emancipation from Soviet influence in the 1990s, and with membership of the European Union in mind for many, the new democracies of Central and Eastern Europe flocked to the Convention system. The voluminous jurisprudence of the European Court of Human Rights can now give us some clear information about how an international human rights law regime can interact with transitional justice. The jurisprudence is divided between those cases concerning the human rights implications of explicitly transitional policies (such as lustration), and those that involve impacts upon specific democratic rights during the transition. The book presents a close examination of claims by states that transitional policies and priorities require a level of deference from the Strasbourg institutions. The book proposes that states’ claims for leeway from international human rights supervisory mechanisms during times of transition can be characterised not as arguments for cultural relativism, but for ‘transitional relativism’.
Judicial Convergence And Fragmentation In International Human Rights Law
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Author : Elena Abrusci
language : en
Publisher: Cambridge University Press
Release Date : 2023-01-05
Judicial Convergence And Fragmentation In International Human Rights Law written by Elena Abrusci 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 2023-01-05 with Political Science categories.
This book provides an innovative analysis of the complex issue of judicial convergence and fragmentation in international human rights law, moving the conversation forward from the assessment of the two phenomena and investigating their triggering factors. With a wide geographical focus that include the most up-to-date case-law from the three main regional systems (the African, European and Inter-American) and the UN Human Rights Committee, the book confirms the predominant judicial convergence across international human rights law. On this basis, the book engages with an interdisciplinary investigation into the legal and non-legal factors that could explain both convergence and fragmentation, ranging from the use of judicial dialogue and the notions of necessity and proportionality to the composition of the courts and the role of NGOs. The aim is to provide the tools to understand the dynamics between human rights adjudicatory bodies and possibly foresee future instances of judicial fragmentation.
Reflections On The Constitutionalisation Of International Economic Law
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Author :
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-12-09
Reflections On The Constitutionalisation Of International Economic Law written by and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-09 with Business & Economics categories.
This book collects a large number of essays written in honour of Professor Ernst-Ulrich Petersmann by his friends, colleagues and former students. The respective contributions cover the fields of international economic law, international constitutional law/transnational constitutionalism, EU law and human rights. The broad thematic scope of this book mirrors the extremely large field of interests of the jubilarian. Paying tribute to a particular trait of Professor Petersmann ́s character who was always both a dogmatic thinker and a curious researcher, the authors try to cover both structural issues of law as well as most recent developments, in particular in the field of international economic law. “Construing” the constitution of international economic law, in both senses of this activity, was an aim throughout Professor Petersmann ́s academic career and this goal stands also at the heart of this book.