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Bibliographic Details

Title: Shaping Rights in the ECHR: The Role of the European Court of Human Rights in Determining the Scope of Human Rights
Publisher: Cambridge University Press
Publication Date: 2014
Language: English
ISBN 10: 1107043220
ISBN 13: 9781107043220
Binding: Hardcover
Condition: Good

About this title

Synopsis

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.

About the Authors

Eva Brems is Professor of Human Rights Law at Ghent University, Belgium. Her research interests include many areas of human rights law, at the international, European and domestic levels.

Janneke Gerards is Research Professor of Fundamental Rights Law at the Law Faculty of Radboud University Nijmegen, The Netherlands. Her research focuses on fundamental rights, judicial argumentation, judicial review and constitutional law.

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Phatpocket Limited is a world class secondhand bookstore located in the Hertfordshire countryside in the United Kingdom. We specialize in textbooks across an enormous variety of subjects. We aim to provide a low cost source of high quality textbooks to the academic community. We also have a sizable collection of rare and collectible books. We are dedicated to providing our customers with the highest standard of customer service in the bookselling business.Phatpocket Limited is registered in England and Wales: No. 04924751.

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