Details
- Provides a critical analysis of the substantive content of each of the basic rights of the European Convention on Human Rights and successive Protocols
- The content and scope of each article is analysed with the most thorough exploration of the case law of the European Court of Human Rights contained in any textbook
- Contains a thorough account of the organisation and functioning of the European Court of Human Rights and the procedure for taking a case to Strasbourg, of value to students and practitioners alike
New to this edition
- Fully revised and updated to take into account the enormous amounts of new jurisprudence issued since publication of the first edition in 1995
- The European Convention on Human Rights has changed radically since the publication of the first edition and the text has been updated to take these changes into account, including consideration of the impact of the admission of new member states from the Eastern bloc, the reforms in the working of the European Court of Human Rights and the huge increase in the volume of the Court's case law
The first edition of Harris, O'Boyle and Warbrick: Law of the European Convention on Human Rights swiftly established itself as a seminal legal textbook. The eagerly awaited second edition builds on the great strengths of the first, and is an indispensible text for all undergraduates, postgraduates and practitioners. Its publication coincides with the 50th anniversary of the European Court of Human Rights, a major milestone in European legal history.
An up-to-date and comprehensive account of Strasbourg case law and its underlying principles, this book facilitates an in-depth understanding of this fascinating area of law. It fully explores the extent of the Convention's influence upon the legal development of the contracting states, and reveals exactly how such a powerful authority has been achieved and maintained. It sets out and critically analyses each Convention article that constitutes the substantive guarantee, and examines the system of supervision.
The Convention currently binds 47 European states, and its reach is set to expand even further. It has effectively become the constitutional bill of rights for Europe, providing common human rights standards for the whole continent. National parliaments and courts must constantly look to the Convention when legislating and deciding cases, or run the risk of adverse Strasbourg judgments with which they must then comply. For nearly all states, the Convention has been made directly enforceable in their national courts. For the remaining few, it offers a model for a national bill of rights. All of these considerations underline the immense value of the comprehensive account of the law of the Convention that this book provides.
Readership: Undergraduates and postgraduates studying courses on Human Rights Law and practitioners who are looking to understand the Strasbourg legal system.
1: The European Convention on Human Rights in context
2: Article 2: The right to life
3: Article 3: Freedom from torture or inhuman or degrading treatment or punishment
4: Article 4: Freedom from slavery, servitude or forced or compulsory labour
5: Article 5: The right to liberty and security of the person
6: Article 6: The right to a fair trial
7: Article 7: Freedom from retroactive criminal offences and punishment
8: Articles 8-11: General considerations
9: Article 8: The right to respect for private and family life, home and correspondence
10: Article 9: Freedom of religion
11: Article 10: Freedom of expression
12: Article 11: Freedom of assembly and association
13: Article 12: The right to marry and to found a family
14: Article 13: The right to an effective national remedy
15: (Freedom from discrimination in respect of protected Convention rights) and Protocol Twelve (Non-discrimination in respect of 'any right set forth by law')
16: Article 15: Derogation in time of war or other public emergency threatening the life of the nation
17: Articles 16-18: Other restrictions upon the rights protected
18: Article 1, First Protocol: The right to property
19: Article 2, First Protocol: The right to education
20: Article 3, First Protocol: The right to free elections
21: Rights protected by the Fourth, Sixth, Seventh and thirteenth Protocols to the Convention
22: Admissibility of applications
23: The European Court of Human Rights: Organization, practice and procedure
24: The execution of the Court's judgments
David Harris, Emeritus Professor in Residence and Co-Director, Human Rights Law Centre, University of Nottingham, Michael O'Boyle, Deputy Registrar, European Court of Human Rights, Edward Bates, Lecturer in Law, University of Southampton, and Carla Buckley, Research Associate, Human Rights Law Centre, University of Nottingham
Contributors:
Dr. Yutaka Arai, University of Kent
Mr. Peter Cumper, University of Leicester
Dr. Ursula Kilkelly, University College Cork
Dr. Heather Lardy, University of Aberdeen
Professor Colin Warbrick, University of Birmingham
Review(s) from previous edition
""...Manages the difficult and rare feat of satisfying the needs of the legal practitioner and the law teacher with equal and unqualified success." - The European Advocate, 1996
""Harris, O'Boyle and Warbrick [make] the Convention's increasingly complex substantive and procedural law easily and throughly accessible..."" - M.W. Janis, The Law Quarterly Review, 1996
""This book will provide a rock-solid foundation for scholarship and litigation..."" - Eric Heinz, Public Law, 1996
