Fair balance : proportionality, subsidiarity and primarity in the European Convention on Human Rights / by Jonas Christoffersen.

Format:

Book

Author/Creator:

Christoffersen, Jonas.

Series:

International studies in human rights ; v. 99.

International studies in human rights ; v. 99

Language:

English

Subjects (All):

Human rights--Europe.

Human rights.

International and municipal law--Europe.

International and municipal law.

Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5).

Convention for the Protection of Human Rights and Fundamental Freedoms.

European Court of Human Rights.

Physical Description:

1 online resource (686 p.)

Place of Publication:

Leiden ; Boston : Martinus Nijhoff Publishers, 2009.

Language Note:

English

Summary:

In one of the most important publications on the European Convention and Court of Human Rights in recent years, a wide range of fundamental practical and theoretical problems of crucial importance are addressed in an original and critical way bringing a fresh, coherent and innovative order into well-known battle zones. The analysis revolves around the Court’s fair balance-test and comprises in-depth analyses of e.g. methods of interpretation, proportionality, the least onerous means-test, the notion of absolute rights, subsidiarity, formal and substantive principles, evidentiary standards, proceduralisation of substantive rights et cetera The author coins the term of “primarity” in order to clarify the obligation of the Contracting Parties to implement the Convention in domestic law.

Contents:

Introduction

The principle of proportionality

The principle of subsidiarity

The principle of primarity (formal aspect)

The principle of primarity (substantive aspect).

Notes:

Description based upon print version of record.

Includes bibliographical references (p. [579]-653) and indexes.

ISBN:

1-282-39983-7

9786612399831

90-04-18081-8

OCLC:

567516615

Publisher Number:

10.1163/ej.9789004170285.i-670 DOI