The Margin Of Appreciation Doctrine In The Dynamics Of European Human Rights Jurisprudence

Author : Howard Charles Yourow
Publisher : BRILL
ISBN 13 : 9004482261
Total Pages : 241 pages
Book Rating : 4.65/5 ( download)

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Download or read book The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence written by Howard Charles Yourow and published by BRILL. This book was released on 2021-09-27 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence is the first full-length monograph to treat this subject, which is of central importance to the interpretation and application of the European Convention on Human Rights. It will enrich the understanding and appreciation of judges, advocates, civil servants, scholars, researchers, students, and indeed of anyone whose life and work is affected by national and international human rights adjudication. This thorough and learned analysis synthesizes the work of the Strasbourg judicial organs, proceeding in the light of the ongoing debates on the appropriate place of the margin doctrine in the Strasbourg jurisprudence. The author's rich conclusions add texture and perspective to the future judicial and scholarly dialogues which will no doubt continue to surround this subject matter. The text is eminently readable, written in a clear and precise style to be appreciated by the novice and specialist alike. The newcomer to human rights and to the Convention will find it an inviting introduction to complex material; the expert will gain new and expanded insights into the development of the case law rarely to be found in this breadth and depth.

Author : Howard C. Yourow
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792333388
Total Pages : 246 pages
Book Rating : 4.81/5 ( download)

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Download or read book The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence written by Howard C. Yourow and published by Martinus Nijhoff Publishers. This book was released on 1996-06-25 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of Law.

Author : Steven C. Greer
Publisher : Council of Europe
ISBN 13 : 9287143501
Total Pages : 60 pages
Book Rating : 4.01/5 ( download)

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Download or read book The Margin of Appreciation written by Steven C. Greer and published by Council of Europe. This book was released on 2000-01-01 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term 'margin of appreciation' has been used for some time to refer to the room for manoeuvre that the Strasbourg institutions are prepared to accord national authorities in fulfilling some of their principal obligations under the European Convention for Human Rights. This document proposes how the meaning of the term may be given greater clarity, coherence and consistency.

Author : Howard C. Yourow
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.35/5 ( download)

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Download or read book The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence written by Howard C. Yourow and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Yutaka Arai-Takahashi
Publisher : Intersentia nv
ISBN 13 : 9050951953
Total Pages : 263 pages
Book Rating : 4.51/5 ( download)

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Download or read book The Margin of Appreciation Doctrine and the Principle of Proportionality in the Jurisprudence of the ECHR written by Yutaka Arai-Takahashi and published by Intersentia nv. This book was released on 2002 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: 5.2.3. Burden of Proof

Author : Andreas Føllesdal
Publisher :
ISBN 13 : 9781107065154
Total Pages : 441 pages
Book Rating : 4.51/5 ( download)

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Download or read book Constituting Europe written by Andreas Føllesdal and published by . This book was released on 2013 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of the European Court of Human Rights at the national, European and international levels.

Author : Mireille Delmas-Marty
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792312833
Total Pages : 372 pages
Book Rating : 4.3X/5 ( download)

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Download or read book The European Convention for the Protection of Human Rights written by Mireille Delmas-Marty and published by Martinus Nijhoff Publishers. This book was released on 1992 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Court of Human Rights:.

Author : Petr Agha
Publisher :
ISBN 13 : 9781782257998
Total Pages : pages
Book Rating : 4.93/5 ( download)

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Download or read book Human Rights Between Law and Politics written by Petr Agha and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Giorgio Repetto
Publisher : Intersentia Uitgevers N V
ISBN 13 : 9781780681184
Total Pages : 251 pages
Book Rating : 4.86/5 ( download)

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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.

Author : European Commission for Democracy through Law
Publisher : Council of Europe
ISBN 13 : 9789287171344
Total Pages : 236 pages
Book Rating : 4.43/5 ( download)

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Download or read book Definition and Development of Human Rights and Popular Sovereignty in Europe written by European Commission for Democracy through Law and published by Council of Europe. This book was released on 2011-01-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?