Shaping Rights in the Echr: The Role of the European Court of Human Rights in Determining the Scope of Human Rights

Brems, Eva (Editor)/ Gerards, Janneke (Editor)

ISBN 10: 1107043220 / ISBN 13: 9781107043220

Published by Cambridge Univ Pr, 2014

367 pages. 9.25x6.25x1.00 inches. In Stock. This item is printed on demand. Seller Inventory # __1107043220

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.

Bibliographic Details

Title: Shaping Rights in the Echr: The Role of the ...
Publisher: Cambridge Univ Pr
Publication Date: 2014
Binding: Hardcover
Condition: Brand New