libristo interpretation and application of the european convention of human rights 5053438
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796,23 zł
Theory of Interpretation of the European Convention on Human Rights Oxford University Press
Książki / Literatura obcojęzyczna
Does the right to life under article 2 ECHR include the right to terminate one's life? Does the right to private life under article 8 ECHR include the right to sleep at night free from airplane noise? Does the right to property under article 1 Protocol 1 ECHR entitle the former King of Greece to claim compensation for the expropriation of royal property, following a referendum? Do homosexual couples have a right to adopt under article 8 ECHR? This book looks at both how the European Convention on Human Rights has, and ought to, be interpreted. Unlike a purely doctrinal approach, it aims at proposing an evaluative theory of interpretation for the European Convention on Human Rights. And, unlike a purely normative account, it seeks to locate interpretive values within the history of the ECHR by surveying and analysing all the relevant judgements of the European Court of Human Rights. Consequently, the book discusses cases as much as it discusses philosophical theories, striking an appropriate balance between the two.Examining how law should be interpreted and what legal rights individuals have, this book raises important questions of political morality that are both capable - and in need of - principled justification.George Letsas argues that evolutive interpretation does not refer to how most European member States now understand their obligations under the Convention but to how they should understand them given the egalitarian values that they share. He defends the idea of an emerging consensus combined with a theory of autonomous concepts as a way to provide the appropriate authority for the Court to adopt an egalitarian theory of human rights. 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.
Sklep: Libristo.pl
209,99 zł
A Theory Of Interpretation Of The European Convention On Human Rights
Książki Obcojęzyczne>Angielskie>Law>Laws of Specific jurisdictions>Constitutional & administrative law>Human rights & civil liberties l...
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Sklep: Gigant.pl
322,99 zł
Theory of Interpretation of the European Convention on Human Rights Oxford University Press
Książki / Literatura obcojęzyczna
This book looks at both how the European Convention on Human Rights has been interpreted and how it ought to be interpreted. Unlike a purely doctrinal approach, it aims at proposing an evaluative theory of interpretation for the European Convention on Human Rights. And unlike a purely normative account, it seeks to locate interpretive values within the history of the ECHR by surveying and analysing all the relevant judgements of the European Court of Human Rights. Consequently, the book discusses cases as much as it discusses philosophical theories, seeking to strike the appropriate balance between the two. Recent developments have raised mportant jurisprudential issues in relation to the interpretation of the ECHR which point to the relationship between the two foundational principles of a supranational human rights system: state sovereignty on one hand and the universality of human rights on the other. This book analyses the idea that creative interpretation and choice in interpretation amounts, by default, to illegitimate discretion and is used to wave the flag of judicial self-restraint.It balances this against the inconsistency or lack of clarity in the methods used by the Court, most notably the margin of appreciation doctrine, and looks at the criticism often levelled at the Court that its use of the doctrine masks the real basis for its decisions.The cases that have been coming before the European Court of Human Rights in recent years pose serious interpretive challenges. Does the right to life under art. 2 ECHR include the right to terminate one's life? Does the right to private life under article 8 ECHR include the right to sleep at night free from airplane noise? Does the right to property under art. 1 Protocol 1 ECHR entitle the former King of Greece to claim compensation for the expropriation of royal property, following a referendum? Do homosexual couples have a right to adopt under art. 8 ECHR? This book argues that how law should be interpreted, and what legal rights individuals have, are important questions of political morality that are both capable, and in need of, principled justification.Finally, the book argues that evolutive interpretation does not refer to how most European member states now understand their obligations under the Convention but to how they should understand them given the egalitarian values that they share, and defents the idea of an emerging consensus combined with a theory of autonomous concepts as a way to provide the appropriate authority for the Court to adopt an egalitarian theory of human rights.
Sklep: Libristo.pl
29,45 zł
The European Court of Human Rights - Adam Wiśniewski
Książki & Multimedia > Książki
Opis - The work begins with a chapter which presents the genesis of the ECHR, which is important for a proper understanding of the Convention system, and this is followed by a chapter on the principles of the ECHR and its Interpretation by the Court. Separate chapters are allocated to the dynamic interpretation of the ECHR and the phenomenon of the Court?s judicial activism. The next two chapters concern the controversial margin of appreciation doctrine, stressing the importance of attempts at theoretical study of the interpretation and application of the Convention. A separate chapter is devoted to the principle of consensus and its significance in the interpretation of the Convention. The study ends with a chapter containing some general considerations of the theory of interpretation of the ECtHR. Nazwa - The European Court of Human Rights Autor - Adam Wiśniewski Oprawa - Miękka Wydawca - Wydawnictwo Uniwersytetu Gdańskiego Kod ISBN - 9788378654780 Kod EAN - 9788378654780 Rok wydania - 2016 Język - angielski Ilość stron - 220 Podatek VAT - 5%
Sklep: InBook.pl
26,50 zł
The European Court of Human Rights Wydawnictwo Uniwersytetu Gdańskiego
Bezpieczeństwo publiczne. Przestępczość. ZbrodniePrawo Unii EuropejskiejWydawnictwa naukowe i popularno-naukowePrawa człowieka
The work begins with a chapter which presents the genesis of the ECHR, which is important for a proper understanding of the Convention system, and this is followed by a chapter on the principles of the ECHR and its Interpretation by the Court. Separate chapters are allocated to the dynamic interpretation of the ECHR and the phenomenon of the Court?s judicial activism. The next two chapters concern the controversial margin of appreciation doctrine, stressing the importance of attempts at theoretical study of the interpretation and application of the Convention. A separate chapter is devoted to the principle of consensus and its significance in the interpretation of the Convention. The study ends with a chapter containing some general considerations of the theory of interpretation of the ECtHR.
Sklep: Booknet.net.pl
26,11 zł
The European Court of Human Rights WYDAWNICTWO UNIWERSYTETU GDAĹSKIEGO
Prawo / Prawo - ksiÄ Ĺźki dla praktykĂłw
The work begins with a chapter which presents the genesis of the ECHR, which is important for a proper understanding of the Convention system, and this is followed by a chapter on the principles of the ECHR and its Interpretation by the Court. Separate chapters are allocated to the dynamic interpretation of the ECHR and the phenomenon of the Courtâs judicial activism. The next two chapters concern the controversial margin of appreciation doctrine, stressing the importance of attempts at theoretical study of the interpretation and application of the Convention. A separate chapter is devoted to the principle of consensus and its significance in the interpretation of the Convention. The study ends with a chapter containing some general considerations of the theory of interpretation of the ECtHR.
Sklep: Literacka.pl
524,78 zł
European Human Rights Law Anchor Academic Publishing
Książki / Literatura obcojęzyczna
In Section One of the work a brief introduction to the topic illustrates the main purpose of the disquisition and exemplifies the fundamental questions.§The author emphasizes on the illustration of the International perspective of Fundamental Rights within Section Two, which is followed by an explication of the divergent legal sources and impacts of Human Rights Law; e.g.: the Charter of the United Nations, the European Bill of Rights and the European Convention on Human Rights.§The next part exemplifies the ECtHR`s case-law in respect of the most significant principles and methods of interpretation by offering well discussed and analyzed case studies. The case analyzes provide the important facts, the argumentation and the conclusion of the Court, furthermore, the author allocates the dissenting opinions, critical remarks and further correlations.§Within Section Four, the legal machinery and controlling mechanisms are discussed shortly. The International abandonment of violence against women is considered in Section Five, which elucidates the categories, facts and presence of physical and psychological violence against women and children, as well as the judicial approach to the given circumstances in the light of the ECHR.§The last section summarizes the results and closes with an illustration of possible future developments and perspectives of European Human Rights Law.
Sklep: Libristo.pl
796,23 zł
Human Rights of Companies Oxford University Press
Książki / Literatura obcojęzyczna
This book studies the response of the European Court of Human Rights, the international court that supervises governmental compliance with the European Convention on Human Rights (ECHR), to complaints submitted to it by companies and their shareholders. The protection of business vis-a-vis governmental regulation is hardly the main concern of international human rights law, yet it is not disputed that companies, and their owners, in principle enjoy protection under the ECHR. Such complaints are not unproblematic for the Court in Strasbourg, however. This book analyses the Court's reasoning in three groups of cases in which they have presented difficult issues of treaty interpretation. As the case law is streamlined in a minimalist fashion which obscures the Court's rationale, the book construes the structural framework within which the Court operates and explains how the relevant case law is largely coherent when considered against the general structure of ECHR protection.This book is the first major study of the protection of business enterprise under the European Convention on Human Rights and thus an invaluable guide to understanding how the Court in Strasbourg responds to corporate complaints. More importantly, by focusing on a field of European human rights law that is regarded by many as marginal and even objectionable, the book reveals the fundamental structures of European human rights protection, where the protection of economic activity and corporate life is regarded as inseparable from core values of the ECHR such as an effective political democracy and the rule of law.
Sklep: Libristo.pl
545,59 zł
Ne Bis in Idem in EU Law Cambridge University Press
Książki / Literatura obcojęzyczna
Questions of the application and interpretation of the ne bis in idem principle in EU law continue to surface in the case law of diffeent Europen courts. The primary purpose of this book is to provide guidance and to address important issues in connection with the ne bis in idem principle in EU law. The development of the ne bis in idem principle in the EU legal order illustrate the difficulty of reconciling pluralism with the need for doctrinal coherence, and highlights the tensions between the requirements of effectiveness and the protection of fundamental rights in EU law. The ne bis in idem principle is a 'litmus test' of fundamental rights protection in the EU. This book explores the principle, and the way the Court of Justice of the European Union has interpreted it, in the context of competition law and the areas of freedom, security and justice, human rights law and tax law.
Sklep: Libristo.pl
Sklepy zlokalizowane w miastach: Warszawa, Kraków, Łódź, Wrocław, Poznań, Gdańsk, Szczecin, Bydgoszcz, Lublin, Katowice
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