Fair Balance: Proportionality, Subsidiarity and Primarity in the European Convention on Human RightsBRILL, 2 Haz 2009 - 686 sayfa In one of the most important publications on the European Convention and Court of Human Rights in recent years, a wide range of fundamental practical and theoretical problems of crucial importance are addressed in an original and critical way bringing a fresh, coherent and innovative order into well-known battle zones. The analysis revolves around the Court’s fair balance-test and comprises in-depth analyses of e.g. methods of interpretation, proportionality, the least onerous means-test, the notion of absolute rights, subsidiarity, formal and substantive principles, evidentiary standards, proceduralisation of substantive rights etc. The author coins the term of “primarity” in order to clarify the obligation of the Contracting Parties to implement the Convention in domestic law. |
İçindekiler
Chapter 1 Introduction | 1 |
Chapter 2 The principle of proportionality | 31 |
Chapter 3 The principle of subsidiarity | 227 |
Chapter 4 The principle of primarity formal aspect | 359 |
Chapter 5 The principle of primarity substantive aspect | 527 |
Bibliography | 579 |
| 655 | |
| 661 | |
Diğer baskılar - Tümünü görüntüle
Sık kullanılan terimler ve kelime öbekleri
16 December 21 February 22 November 28 October adopted Appl application April Article 13 assessment Austria Belgian Linguistic Belgium Bulgaria chapter Commission Committee of Ministers Contracting Parties Convention on Human Council of Europe Court of Human Court's case-law Court's practice Court's review December decision discretion domestic authorities domestic law ECHR effect European Convention European Court fair balance-test February Finland Germany dec Handyside Human Rights Law Ibid implementation freedom individual inherent international human rights International Law International Law Commission interpretation Ireland Italy judgment of 24 judicial July June Kingdom GC limitation margin of appreciation Netherlands norms November October opinion of Judge positive obligations principle of proportionality principle of subsidiarity procedural obligations Protocol reasoning relevant Reports restrictive rights and freedoms role scope September Series standard of protection Strasbourg subsidiarity principle substantive Sweden tion treaty Turkey GC Turkey judgment United Kingdom judgment United Kingdom PL violation of Article Yearbook