theory of interpretation of the European Convention on Human Rights

  • 145 Pages
  • 2.30 MB
  • 2723 Downloads
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by
Oxford University Press , Oxford, New York
Convention for the Protection of Human Rights and Fundamental Freedoms -- (1950), Human rights -- Europe., Human_R
StatementGeorge Letsas.
Classifications
LC ClassificationsKJC5132 .L485 2007
The Physical Object
Paginationxviii, 145 p. ;
ID Numbers
Open LibraryOL18938375M
ISBN 100199203431
ISBN 139780199203437

: A Theory of Interpretation of the European Convention on Human Rights () by Letsas, George and a great selection of similar New, Used and Collectible Books available now at great Range: $ - $ This book provides a philosophical study of the methods of interpretation used by the European Court of Human Rights in Strasbourg.

By drawing on Anglo-American legal, political, and moral philosophy, it also aims to provide a normative theory of the foundations of the ECHR rights. The author argues that, unlike the role of human rights in theories of global justice, the purpose of the ECHR is.

A Theory of Interpretation of the European Convention on Human Rights George Letsas.

Download theory of interpretation of the European Convention on Human Rights FB2

Provides a critical account of the use of state consensus, evaluative interpretation, and the doctrine of the margin of appreciation in the case law of the ECHR.

"Dr Letsas's book is as challenging as any theoretical writing about the European Convention on Human Rights in recent years. It starts from a very precise understanding about the nature of human rights and about the role of courts charged with the interpretation of the documents which transform the political idea of human rights into the Cited by: 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 By drawing on Anglo-American legal, political and moral philosophy, the book aims to provide a normative theory of the foundations of ECHR rights.

A Theory of Interpretation of the European Convention on Human Rights George Letsas. Proposes an evaluative theory of interpretation for the European Convention on Human Rights; Locates interpretive values within the history of the ECHR by surveying and analyzing all the relevant judgments of the European Court 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 Author: G.

Letsas. This book provides a philosophical study of the methods of interpretation used by the European Court of Human Rights in Strasbourg. By drawing on Anglo-American legal, political, and moral philosophy, it also aims to provide a normative theory of the foundations of the ECHR 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 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.

European Convention on Human Rights. And unlike a purely A Theory of Interpretation of the European Convention on Human Rights provides a philosophically informed study theory of interpretation of the European Convention on Human Rights book 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. Few topics have posed more of a challenge for the European Court of Human Rights than this issue of the Convention's extraterritorial application.

This book provides a novel understanding on why this is by looking at the behaviour of those principally tasked with interpreting the treaty: the Strasbourg Court, state parties, and national courts. The chapter seeks to locate the foundations of the ECHR rights within broader philosophical accounts of human rights.

It argues that there is ‘no one-size-fits-all’ theory of human rights because human rights play different normative roles depending on the institutional setting under which they operate.

Some theories of human rights, like John Rawls's, aim to provide the minimal conditions. This is the third edition of Van Dijk and Van Hoof's classic work: "Theory and Practice of the European Convention.

The developments which have taken place under the Convention since the second edition was published have been numerous and comprehensive, and the Convention has gained a central position in the legal systems of many European countries.5/5(1).

Description theory of interpretation of the European Convention on Human Rights FB2

ThE INTERPRETATION Of ThE EUROPEAN CONVENTION ON HUMAN RIGHTS UDK: 7 (4) Pregledni znanstveni rad Primljeno: The European Convention Human Rights system, despite being the most effective system in providing individual protection of civil and political rights, is currently facing numerous : Maša Marochini.

This volume comprises thirteen articles each written to provide an exposition and analysis of a specific topic drawn from the European Convention on Human Rights. Many of these topics are either explored for the first time or from a novel perspective.

All the topics are examined and presented from a critical standpoint and some important judgments of the European Court of Human Rights are. 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-American legal, political and moral philosophy, the book aims to provide a normative theory of the foundations of ECHR rights. " See on this subject G. Letsas, A Theory of Interpretation of the European Convention on Human Rights (), and see Fitzmaurice, ‘Dynamic Interpretation’, The Hague Yrbk Int’l L (), forthcoming.

The European Convention of Human Rights (ECHR) has been relatively neglected in the field of normative human rights theory. This book aims to bridge the gap between human rights theory and the practice of the ECHR.

In order to do so, it tests the two overarching approaches in human rights theory lit. The European Convention on Human Rights (ECHR) (formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in d in by the then newly formed Council of Europe, the convention entered into force on 3 September All Council of Europe member states are party to the Parties: 47 Council of Europe member states.

This book provides an article-by-article Commentary on the ECHR and its Protocols in English.

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It provides an entry point for every single facet of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and The interpretation of the European Convention on Human Rights (‘the Convention’) as a ‘living instrument’ by the European Court of Human Rights (‘the Court’) means that the standards of the Convention are not to be regarded as static, rather they should be reflective of social changes.

‘Professor Gerards' book is a splendid contribution to the literature on the European Convention on Human Rights. With copious quotations from the judgements, the author demonstrates how rich and significant the jurisprudence on Convention principles has by: 1. Review a Brill Book; Making Sense of Illustrated Handwritten Archives Search.

Advanced Search Help A Theory of Interpretation of the European Convention on Human Rights in International Journal on Minority and Group Rights. Author: Steven A Theory of Interpretation of the European Convention on Human Rights in International Journal on Author: Steven C Greer.

In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights,judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost.

5 Convention for the Protection of Human Rights and Fundamental Freedoms Rome, The GovernmenTs siGnaTory hereTo, being members of the Council of Europe, Considering the Universal Declaration of Human Rights. The Rules of Interpretation of the European Convention on Human Rights in The European The Judgment of the European Court of Human Rights in the Case of Cyprus v.

is to move the theory of universality of international human rights standards towards effective implementation of human rights obligations. This book is a major contribution Author: Loukis G. Loucaides. The EU’s likely accession to the European Convention on Human Rights (ECHR) and the persistent political demand for reform to the Human Rights Act in the UK may seem only distantly related matters.

But there is a closer link worthy of by: 2. PROBLEMS OF INTERPRETATION OF ARTICLE 8 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS A. CONNELLY* I. INTRODUCTION ARTICLE 8 of the European Convention on Human Rights provides that: 1. Everyone has the right to respect for his private and family life, hisCited by: 3.

Letsas G () A theory of interpretation of the European convention on human rights. Oxford University Press, New York Google Scholar White R, Ovey C () Jacobs, White & Ovey: the European convention on human rights.

Article 8 of the European Convention on Human Rights provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society".The European Convention on Human Rights (ECHR) (formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an.

Freedom of expression constitutes one of the essential founda-tions of a democratic society, one of the basic conditions for its progress and for each individual’s self-fulfilment.4 3.

Jochen Abr. Frowein, “Freedom of expression under the European Convention on .Few topics have posed more of a challenge for the European Court of Human Rights than this issue of the Convention’s extraterritorial application.

This book provides a novel understanding on why this is by looking at the behaviour of those principally tasked with interpreting the treaty: the Strasbourg Court, state parties, and national courts.of Human Rights (ECtHR), taking into account international and European human rights standards when interpreting the Convention, especially in the social field.

Against this background, “The European Convention on Human Rights and the Employment Relationship” is the result of a research project directed by the Transnational Trade Union Rights.