The Right To Life In European Constitutional And International Case Law

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The Right to Life in European Constitutional and International Case-law

Author : Bertrand Mathieu
Publisher : Council of Europe
ISBN 13 : 9287158673
Total Pages : 128 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis The Right to Life in European Constitutional and International Case-law by : Bertrand Mathieu

Download or read book The Right to Life in European Constitutional and International Case-law written by Bertrand Mathieu and published by Council of Europe. This book was released on 2006-01-01 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to life is the prime individual right in treaty and constitution systems of fundamental rights. The whole approach to protecting this right has changed considerably with scientific and medical advances. Whereas traditionally the concern was to protect life from all threats, today there is the additional very prominent issue of human, scientific and medical intervention in the life-giving process in such forms as abortion, medically assisted procreation, embryo research, cloning and euthanasia. This comparative analysis of the case law of Europes constitutional courts and the Council of Europes European Court of Human Rights examines the nature and scope of the right to life in order to determine whether there is a common legal approach to the question in Europe

The Right to Life in International Law

Author : Bertie G. Ramcharan
Publisher : BRILL
ISBN 13 : 9004482296
Total Pages : 383 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Right to Life in International Law by : Bertie G. Ramcharan

Download or read book The Right to Life in International Law written by Bertie G. Ramcharan and published by BRILL. This book was released on 2021-09-27 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt:

European Human Rights Law

Author : Mark W. Janis
Publisher :
ISBN 13 : 019927746X
Total Pages : 1015 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis European Human Rights Law by : Mark W. Janis

Download or read book European Human Rights Law written by Mark W. Janis and published by . This book was released on 2008 with total page 1015 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of European Human Rights Law: Text and Materials has been substantially expanded to provide a complete review of the wide range of rights the Convention protects, with new chapters on the right to life, property, discrimination, religious freedom, and education. The book introduces both the process and the substance of this increasingly important area of European law. A broad selection of extracts from essential cases and materials is accompanied by stimulating commentary that guides the reader through the legal rules and court system that have evolved in Strasbourg, how the court works, and how European human rights law is enforced both at the national and international level. European human rights law is also placed into a useful comparative framework alongside human rights cases decided by courts in the United States, Canada, and elsewhere. This third edition has been extensively updated to cover the major developments of recent years, including the reform of the European Court of Human Rights and the expansion of the system to central and eastern Europe.

Freedom of Expression

Author : Michel Verpeaux
Publisher : Council of Europe
ISBN 13 : 9789287164643
Total Pages : 224 pages
Book Rating : 4.1/5 (646 download)

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Book Synopsis Freedom of Expression by : Michel Verpeaux

Download or read book Freedom of Expression written by Michel Verpeaux and published by Council of Europe. This book was released on 2010-01-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of expression is not absolute, even although it is a fundamental right enshrined in the European Convention on Human Rights. Under the terms of the Article 10 of the Convention, its exercise may be subject to such restrictions as are prescribed by law and are "necessary in a democratic society" in order to uphold the rights of all individuals. The author compares and analyses the protection of and limits on the right to freedom of expression in the case law of European constitutional courts and the European Court of Human Rights, drawing on practical examples, to see whether a common European approach exists in this area.

Notable Cases of the European Court of Human Rights on the Right to Life

Author : Andrea Carcano
Publisher :
ISBN 13 : 9788892133099
Total Pages : 304 pages
Book Rating : 4.1/5 (33 download)

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Book Synopsis Notable Cases of the European Court of Human Rights on the Right to Life by : Andrea Carcano

Download or read book Notable Cases of the European Court of Human Rights on the Right to Life written by Andrea Carcano and published by . This book was released on 2020 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Europe of Rights

Author : Helen Keller
Publisher : Oxford University Press, USA
ISBN 13 : 0199535264
Total Pages : 893 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis A Europe of Rights by : Helen Keller

Download or read book A Europe of Rights written by Helen Keller and published by Oxford University Press, USA. This book was released on 2008 with total page 893 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In this book, a team of distinguished scholars trace and evaluate, comparatively, the impact of the ECHR and the European Court of Human Rights on law and politics in eighteen national systems: Ireland-UK; France-Germany, Italy-Spain, Belgium-Netherlands, Norway-Sweden, Greece-Turkey, Russia-Ukraine, Poland-Slovakia, and Austria-Switzerland. Although the Court's jurisprudence has provoked significant structural, procedural, and policy innovation in every State examined, its impact varies widely across States and legal domains. The book charts this variation and seeks to explain it. Across Europe, national officials - in governments, legislatures, and judiciaries - have chosen to incorporate the ECHR into domestic law, and they have developed a host of mechanisms designed to adapt the national legal system to the ECHR as it evolves. But how and why State actors have done so varies in important ways, and these differences heavily determine the relative status and effectiveness of Convention rights in national systems. Although problems persist, the book shows that national officials are, gradually but inexorably, being socialized into a Europe of rights, a unique transnational legal space now developing its own logics of political and juridical legitimacy."--BOOK JACKET.

The European Convention for the Protection of Human Rights

Author : Mireille Delmas-Marty
Publisher : BRILL
ISBN 13 : 9004478906
Total Pages : 364 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The European Convention for the Protection of Human Rights by : Mireille Delmas-Marty

Download or read book The European Convention for the Protection of Human Rights written by Mireille Delmas-Marty and published by BRILL. This book was released on 2021-10-25 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reason of State plays an important role under the European Convention for the Protection of Human Rights and Fundamental Freedoms. Not only does Article 15 authorize States to take measures derogating from their obligations under the Convention `in time of war or other public emergency, threatening the life of the nation'; most of the rights and liberties defined in the Convention are subject to escape clauses as well. This book demonstrates first that the `system' of the Convention is much more ambiguous than could have been expected. Secondly, it shows, on the basis of study carried out in most of the Member States of the Council of Europe, that a certain resistance exists to the Convention. Neither the ambiguity of the European system, nor the resistance of States to the system must be overlooked. These should not, however, conceal the dynamics of the Europe/States relationship which could well lead to a more `reasoned' conception of the reason of State. Has a `Europe of human rights' begun to develop through the complex interplay of national and European norms? This is the question raised in this fascinating book. Mireille Delmas-Marty is professor of Law at the Université de Paris 1 (Panthéon -- Sorbonne) and Director of the Section de Sciences Criminelles of the Institute of Comparative Law in Paris.

The European Court of Human Rights and its Discontents

Author : Spyridon Flogaitis
Publisher : Edward Elgar Publishing
ISBN 13 : 178254612X
Total Pages : 240 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis The European Court of Human Rights and its Discontents by : Spyridon Flogaitis

Download or read book The European Court of Human Rights and its Discontents written by Spyridon Flogaitis and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.

Judgments of the European Court of Human Rights – Effects and Implementation

Author : Anja Seibert-Fohr
Publisher : Routledge
ISBN 13 : 1317110137
Total Pages : 322 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Judgments of the European Court of Human Rights – Effects and Implementation by : Anja Seibert-Fohr

Download or read book Judgments of the European Court of Human Rights – Effects and Implementation written by Anja Seibert-Fohr and published by Routledge. This book was released on 2017-05-15 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume deals with the domestic effects of judgments of the European Court of Human Rights as a challenge to the various levels of legal orders in Europe. The starting point is the divergent impact of the ECtHR’s jurisdiction within the Convention States. The volume seeks new methods of orientation at the various legal levels, given the fact that the Strasbourg case law is increasingly important for most areas of society. Topical tendencies in the case law of the Court are highlighted and discussed against the background of the principle of subsidiarity. The book includes a detailed analysis of the scope, reach, consequences and implementation of the Court’s judgments and of the issue of concomitant damages. At the same time the volume deals with the role of domestic jurisdictions in implementing the ECtHR’s judgments. Distinguished Judges, legal academics and practitioners from various Council of Europe States are among the contributors to this volume, which succeeds in bringing divergent points of view into the discussion and in developing strategies for conflict resolution.

The Constitutional Relevance of the ECHR in Domestic and European Law

Author : Giorgio Repetto
Publisher : Intersentia Uitgevers N V
ISBN 13 : 9781780681184
Total Pages : 251 pages
Book Rating : 4.6/5 (811 download)

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Book Synopsis The Constitutional Relevance of the ECHR in Domestic and European Law by : Giorgio Repetto

Download or read book The Constitutional Relevance of the ECHR in Domestic and European Law written by Giorgio Repetto and published by Intersentia Uitgevers N V. This book was released on 2013 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the European Convention on Human Rights (ECHR) gained unexpected relevance in the European constitutional culture. On the one hand, its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights' reputation vis-a-vis the Member States. On the other hand, and even more importantly, the ECHR's significance arises from a changing perception of its constitutional potential. Starting with the assumption that the ECHR is transforming the European constitutional landscape, this book shows that the European Convention raises unprecedented problems that involve, first of all, its own theoretical status as constitutional instrument that ensures the protection of human rights in Europe. Changing paradigms concerning its incorporation in domestic law, as well as the growing conflicts about the protection of some rights and liberties that are deeply rooted in national legal contexts (such as teaching of religion, bio law, and rights of political minorities), are jointly examined in order to offer a unified methodology for the study of European constitutional law centered upon human rights. For a detailed analysis of these issues, the book examines the different facets of the ECHR's constitutional relevance by separating the ECHR's role as a 'factor of Europeanization' for national constitutional systems (Part I) from its role as a veritable European transnational constitution in the field of human rights (Part II). Written for legal scholars focusing on the emerging trends of European and transnational constitutional law, the book investigates the basic tenets of the role of the ECHR as a cornerstone of European constitutionalism.

The European Union and Human Rights

Author : Nanette A. Neuwahl
Publisher : BRILL
ISBN 13 : 9004482423
Total Pages : 351 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The European Union and Human Rights by : Nanette A. Neuwahl

Download or read book The European Union and Human Rights written by Nanette A. Neuwahl and published by BRILL. This book was released on 2021-09-27 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Human Rights in the Council of Europe and the European Union

Author : Steven Greer
Publisher : Cambridge University Press
ISBN 13 : 1108647456
Total Pages : 562 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Human Rights in the Council of Europe and the European Union by : Steven Greer

Download or read book Human Rights in the Council of Europe and the European Union written by Steven Greer and published by Cambridge University Press. This book was released on 2018-03-29 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.

European Commission of Human Rights / Commission Europeenne des Droits de l’Homme

Author : European Commission of Human Rights, Council of Europe
Publisher : Springer
ISBN 13 : 9401771731
Total Pages : 287 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis European Commission of Human Rights / Commission Europeenne des Droits de l’Homme by : European Commission of Human Rights, Council of Europe

Download or read book European Commission of Human Rights / Commission Europeenne des Droits de l’Homme written by European Commission of Human Rights, Council of Europe and published by Springer. This book was released on 2014-01-01 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Dialogue Across the Atlantic

Author : Rights
Publisher :
ISBN 13 : 9789462402805
Total Pages : 0 pages
Book Rating : 4.4/5 (28 download)

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Book Synopsis Dialogue Across the Atlantic by : Rights

Download or read book Dialogue Across the Atlantic written by Rights and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years the European and Inter-American human rights courts have intensified their cooperation. This judicial dialogue is important given the similarity of the rights and freedoms protected by the respective treaties governing the work of the two courts, and the existence of equivalent criteria of admissibility and principles of interpretation. Moreover, the increasing similarity of the issues brought before the two courts has conferred a new relevance on their respective bodies of case-law. This book, published in English and Spanish, presents a selection of the leading decisions delivered by each court in 2014. In addition to their importance in their own right, some of these cases also serve to illustrate parallels in the manner in which the two conventions are interpreted, areas where the methodology diverges and, most importantly, how the two courts are increasingly having regard to each other's approach to human-rights protection. [Subject: Human Rights Law, Comparative Law]

The Right to Life

Author : Christian Tomuschat
Publisher : BRILL
ISBN 13 : 9004189653
Total Pages : 432 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Right to Life by : Christian Tomuschat

Download or read book The Right to Life written by Christian Tomuschat and published by BRILL. This book was released on 2010-03-08 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to life is the cornerstone of human rights protection. This book explores the mechanisms and procedures through which at international level the attempt is made to safeguard human life against all structural threats, even in armed conflict.

Human Rights Protection in the European Legal Order

Author : Patricia Popelier
Publisher :
ISBN 13 : 9781780680101
Total Pages : 0 pages
Book Rating : 4.6/5 (81 download)

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Book Synopsis Human Rights Protection in the European Legal Order by : Patricia Popelier

Download or read book Human Rights Protection in the European Legal Order written by Patricia Popelier and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ensuring the protection of human rights in Europe has become a highly complex exercise. Where courts are faced with a human rights claim, they not only have to examine the validity of that claim, but they also need to have a clear understanding of the human rights catalogue that is to be applied (i.e. human rights as guaranteed by the national constitution, human rights as protected under EU law, based or not on the Charter, and human rights as identified in the European Convention of Human Rights). This book zooms in on various aspects of the interaction between courts in the complex European system of human rights protection. While other books take either a European or a national approach, this book studies both the co-existence between the European Court of Human Rights and the European Court of Justice, and the impact of this dual mechanism of European human rights protection on the protection offered within specific EU Member States. This makes the book valuable for academics and practitioners who specialize in fundamental rights, EU law, or constitutional law. (Series: Law and Cosmopolitan Values - Vol. 1)

Human Rights Law

Author : Bríd Moriarty
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 316 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Human Rights Law by : Bríd Moriarty

Download or read book Human Rights Law written by Bríd Moriarty and published by Oxford University Press, USA. This book was released on 2004 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Owing to the incorporation of the ECHR into Irish domestic law, practitioners will increasingly be asked to advise on Human Rights issues. An understanding of the changing hierarchy of Human Rights norms is essential. Human Rights Law seeks to provide this understanding. Human Rights Law is in three parts. Part I provides an overview of the various levels of Human Rights protection. It is particularly concerned with sources of Human Rights Law as they interact in Irish Human Rights Law. There are chapters on human rights as protected by Irish domestic law, the European Convention of Human Rights (ECHR) Law and European Union (EU) Law, as well as an overview of International Human Rights norms. Part II is concerned with substantive Human Rights Law and discusses key Human Rights. A unique feature of this work is that each right is considered from the perspective of Irish, ECHR and EU law. There are chapters on the right to life and bodily integrity, the right to privacy and to found a family, freedom of expression, due process and equality. Another chapter examines the right to life, freedom of expression, and equality from the North American perspective. A chapter is also devoted to refugee law and practice, a growing area of practice in this jurisdiction. Part III concerns Human Rights in practice and deals with issues such as how a practitioner recognises the human rights dimension in a case.