General Principles of the European Convention on Human Rights

Human Rights

General Principles of the European Convention on Human Rights

By Janneke Gerards
Cambridge University Press April 2019

Specifications

ISBN-13
9781108718288
Publisher
Cambridge University Press
Publication
April 2019
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only
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Details

The European Convention of 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 a clear insight in the concepts and principles that are key to understanding the European Convention and the Court's case-law. It explains how the Court generally approaches the many cases brought before it and which tools help it to decide on these cases, illustrated by numerous examples taken from the Court's judgements.

Core issues discussed are the 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 requirements for the restriction of Convention rights.

Table of Contents

1. Basics of the Convention System
2. The Court's Overall Argumentative Approach - Mediating between the Abstract and the Concrete
3. Principles Governing the Interpretation and Application of Convention Rights
4. Methods of Convention Interpretation
5. Positive and Negative Obligations
6. Vertical and Horizontal Effect
7. The Margin of Appreciation Doctrine
8. Justification of Restrictions I - Lawfulness
9. Justification of Restrictions II - Legitimate Aim
10. Justification of Restrictions III - Necessity, Proportionality and Fair Balance.
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