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Shaping Rights in the ECHR

  • Eva Brems,
  • Janneke Gerards

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"In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law"--

"In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights (ECtHR) can decide on the merits of a case. This volume brings a variety of legal scholars together to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law"--

Genres

  • International law
  • Human rights, europe
  • Human rights
  • Civil rights
  • POLITICAL SCIENCE / Political Freedom & Security / Human Rights
  • European Court of Human Rights
  • Menschenrecht
  • Schutzbereich
  • Europäischer Gerichtshof für Menschenrechte
  • Europäische Menschenrechtskonvention
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About the authors

  • Eva Brems

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    0 ratings · 22 works

  • Janneke Gerards

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    0 ratings · 7 works

Editions

  • Edition cover

    Cambridge University Press

    2013

  • Edition cover

    Cambridge University Press

    2013

  • Edition cover

    University of Cambridge ESOL Examinations

    2015

  • Edition cover

    Cambridge University Press

    2014