A Theory Of Interpretation Of The European Convention On Human Rights
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A Theory of Interpretation of the European Convention on Human Rights by George Letsas Pdf
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.
A Constitutionalist Approach to the European Convention on Human Rights by Lisa Sonnleitner Pdf
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.
The European Convention on Human Rights and General International Law by Anne van Aaken,Iulia Motoc Pdf
The European Court of Human Rights is one of the main players in interpreting international human rights law where issues of general international law arise. While developing its own jurisprudence for the protection of human rights in the European context, it remains embedded in the developments of general international law. However, because the Court does not always follow general international law closely and develops its own doctrines, which are, in turn, influential for national courts as well as other international courts and tribunals, a feedback loop of influence occurs. This book explores the interaction, including the problems arising in the context of human rights, between the European Convention on Human Rights and general international law. It contributes to ongoing debates on the fragmentation and convergence of international law from the perspective of international judges as well as academics. Some of the chapters suggest reconciling methods and convergence while others stress the danger of fragmentation. The focus is on specific topics which have posed special problems, namely sources, interpretation, jurisdiction, state responsibility and immunity.
The European Convention on Human Rights by William A. Schabas Pdf
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.
The Interpretation and Application of the European Convention of Human Rights by Malgosia Fitzmaurice,Panos Merkouris Pdf
The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications, offers an analysis of important legal issues pertaining not only to the ECHR itself but also to the effect that it has on and also receives from other areas of international law
Author : P Van Dijk,BERNARDUS. VERMEULEN,G J H Van Hoof Publisher : Martinus Nijhoff Publishers Page : 877 pages File Size : 43,6 Mb Release : 2023-12-11 Category : Law ISBN : 9789004637443
Theory and Practice of the European Convention on Human Rights by Stephanie Schiedermair,Alexander Schwarz,Dominik Steiger Pdf
This collection explores current, critical issues regarding human rights theory and practice at the European Court of Human Rights with chapters on procedural concerns, principles and jurisprudence, and interaction with national legal systems.
Pieter van Dijk,Godefridus J. H. Hoof,G. J. H. Van Hoof
Author : Pieter van Dijk,Godefridus J. H. Hoof,G. J. H. Van Hoof Publisher : Martinus Nijhoff Publishers Page : 884 pages File Size : 41,6 Mb Release : 1998-06-03 Category : Political Science ISBN : 9041105980
Theory and Practice of the European Convention on Human Rights by Pieter van Dijk,Godefridus J. H. Hoof,G. J. H. Van Hoof Pdf
This is the third edition of Van Dijk and Van Hoof's classic work: "Theory and Practice of the European Convention. The developments which have taken place under the Convention since the second edition was published have been numerous and comprehensive, and the Convention has gained a central position in the legal systems of many European countries. Three Protocols have been added to the Convention; the number of Parties to the Convention has grown from twenty-two to no less than thirty-six; and the case-law concerning the Convention has increased significantly. Like its predecessors, this third edition offers a full description of the present procedural practice and case-law of both the European Commission and the European Court of Human Rights, and is an indispensable guide. Protocol No. 11 to the Convention, which will enter into force by the end of 1998, will drastically change the supervisory system under the Convention, establishing one Court. This new Court will also perform the present functions of the Commission's procedures and working methods, and by its case-law concerning admissibility. This new edition will therefore remain relevant for the practice and case-law of the new Court for many years to come.
Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights by David Harris,Michael O'Boyle,Ed Bates,Carla M. Buckley Pdf
Now in its fifth edition, Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights remains an indispensable resource for undergraduates, postgraduates, and practitioners alike. The new edition builds on the strengths of previous editions, providing an up-to-date, clear, and comprehensive account of Strasbourg case law and its underlying principles. It sets out and critically analyses each Convention article (including those addressed by relevant Protocols), and thoroughly examines the system of supervision. The book also addresses the pressures and challenges facing the Strasbourg system in the twenty-first century.Digital formatsThis fifth edition is available for students and institutions to purchase in a variety of formats.The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
General Principles of the European Convention on Human Rights by Janneke Gerards Pdf
The European Convention on Human Rights is one of the world's most important and influential human rights documents. It owes its value mainly to the European Court of Human Rights, which applies the Convention rights in individual cases. This book offers insight into the concepts and principles that are key to understanding the European Convention and the Court's case law. It explains how the Court approaches its cases and its decision-making process, illustrated by numerous examples taken from the Court's judgments. Core issues discussed include types of Convention rights (such as absolute rights); the structure of the Court's Convention rights review; principles and methods of interpretation (such as common-ground interpretation and the use of precedent); positive and negative obligations; vertical and horizontal effect; the margin of appreciation doctrine; and the requirements for the restriction of Convention rights.
Author : Richard K. Gardiner Publisher : Oxford University Press, USA Page : 577 pages File Size : 50,7 Mb Release : 2015 Category : Law ISBN : 9780199669233
The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as within national legal systems, where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Since the codified rules of treaty interpretation came into decree, there is a considerable body of case-law on their application. This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.
The European Convention on Human Rights by Loukis Loucaides Pdf
This book comprises 13 articles on topics drawn from the European Convention on Human Rights. The book provides the reader with interesting information on aspects of Human Rights explored for the first time and presented from a critical standpoint.
The European Court of Human Rights by Helmut P. Aust,Esra Demir-Gürsel Pdf
This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
