Описание: A Theory of Interpretation of the European Convention on Human Rights provides a philosophically informed study of the methods of interpretation used by the European Court of Human Rights in Strasbourg. By drawing on Anglo-Americal legal, political and moral philosophy, the book also aims to provide a normative theory of the foundations of the ECHR rights.
Описание: This book examines the concerns for the EU`s legal system in relation to accession and questions whether and how accession and the system of human rights protection under the Convention can be effectively reconciled with the autonomy of EU law.
The system of the European Convention of Human Rights imposes positive obligations on the state to guarantee human rights in circumstances where state agents dot not directly interfere. In addition to the traditional/liberal negative obligation of non-interference, the state must actively protect the human rights of individuals residing within its jurisdiction. The liability of the state in terms of positive obligations induces a freestanding imperative of human rights that changes fundamentally the perception of the role of the state and the participatory ability of the individual, who can now assert their human rights in all circumstances in which they are relevant. In that regard, positive obligations herald the most advanced review of the state's business ever attempted in international law.
The book undertakes a comprehensive study of positive obligations: from establishing the legitimacy of positive obligations within the system of the Convention to their practical implementation at the national level. Analysing in depth legal principles that pervade the whole system of the Convention, a coherent methodological framework of critical stages and parameters is provided to determine the content of positive obligations in a consistent, predictable and realistic manner.
This study of the Convention explains and critically analyses the state's positive obligations, as imposed by the European Court of Human Rights, and sets out original proposals for their future development. The book will be of interest to those who study, research or practice public law, civil rights and liberties or international/European human rights law.
Описание: A Theory of Interpretation of the European Convention on Human Rights provides a philosophically informed study of the methods of interpretation used by the European Court of Human Rights in Strasbourg. By drawing on Anglo-American legal, political and moral philosophy, the book aims to provide a normative theory of the foundations of ECHR rights.
Описание: Fifty years after the founding of the European Court of Human Rights it has dispensed more than 10,000 judgments and affects the lives of over 800 million people. The fifth edition of The European Convention on Human Rights provides a clear and concise guide to this increasingly important area of law.
Описание: This seminal text offers a comprehensive account of the case law of the ECHR and its underlying principles. It provides an accessible guide to decisions under the Convention and its protocols, article by article, as well as explaining the history and likely development of the law.
Описание: Offers scholars and practitioners the most comprehensive account on the question of reparation before a human rights court and provides a knowledgeable insight and interpretation into the decision-making practices.
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