Fair Balance: Proportionality, Subsidiarity and Primarity in the European Convention on Human Rights: 99 (International Studies in Human Rights, 99) - Hardcover

Christoffersen, Jonas

Hardcover

ISBN 10: 9004170286 ISBN 13: 9789004170285

Publisher: Martinus Nijhoff, 2009

Synopsis

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 etc. The author coins the term of “primarity” in order to clarify the obligation of the Contracting Parties to implement the Convention in domestic law.

About this title

About the Author

Jonas Christoffersen, Dr. jur., Executive Director of the Danish Institute of Human Rights. He has published extensively on human rights law and has profes­sional experience as attorney, law clerk at the Danish Supreme Court, judge at the Danish High Court, and Ass. Professor of International Human Rights Law at Co­penhagen University.

From the Back Cover

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 Courta (TM)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 etc. The author coins the term of a oeprimaritya in order to clarify the obligation of the Contracting Parties to implement the Convention in domestic law.

Edition details

• Publisher: Martinus Nijhoff
• Publication date: 2009
• Language: English
• ISBN 10: 9004170286
• ISBN 13: 9789004170285
• Binding: Hardcover
• Number of pages: 686