UID:
almafu_9961294041302883
Format:
1 online resource (xi, 391 pages) :
,
digital, PDF file(s).
Edition:
Second edition.
ISBN:
1-009-05093-1
,
1-009-04256-4
Content:
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.
Note:
Title from publisher's bibliographic system (viewed on 05 Jun 2023).
,
The basics of the convention system -- The court's overall argumentative approachs - mediating between the abstract and the concrete -- Principles governing the interpretation and application of convention rights -- Methods of convention interpretation -- Positive and negative obligations -- Vertical and horizontal effect -- The margin of appreciation doctrine -- Justification of restrictions I - lawfulness -- Justification of restrictions II - legitimate aim -- Justification of restrictions III - necessity, proportionality and fair balance.
Additional Edition:
ISBN 1-316-51753-5
Language:
English
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