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Item Details
| Title:
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DOMESTIC APPLICATION OF THE ECHR
COURTS AS FAITHFUL TRUSTEES |
| By: |
Eirik Bjorge |
| Format: |
Hardback |
| List price:
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£137.50 |
| Our price: |
£137.50 |
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| ISBN 10: |
0198743637 |
| ISBN 13: |
9780198743637 |
| Availability: |
Usually dispatched within 1-3 weeks.
 Delivery
rates
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| Stock: |
Currently 0 available |
| Publisher: |
OXFORD UNIVERSITY PRESS |
| Pub. date: |
22 October, 2015 |
| Series: |
International Law and Domestic Legal Orders |
| Pages: |
304 |
| Description: |
The first sustained critique of how domestic courts in the EU apply the European Convention on Human Rights and interact with the European Court of Human Rights at Strasbourg. This book considers the British, French, and German approaches to the ECHR and shows that domestic courts apply and develop the Convention faithfully and positively. |
| Synopsis: |
Domestic courts are entrusted with the application of the European Convention on Human Rights (ECHR), as faithful trustees of the rights protected in the Convention. This book analyses the way in which the domestic courts in the United Kingdom, France, and Germany apply the ECHR and how, applying the Convention, they define their relationship with the European Court of Human Rights. Contrary to what others have contended, the book argues that it is not true descriptively, nor desirable normatively, that the domestic courts approach the ECHR based upon friction and assertion of sovereignty vis-a-vis the European Court. The proper role played by the domestic courts, and the one which they have taken on them to perform in fact, is to apply the Convention in all good faith, building on the principles of the Convention as set out in the jurisprudence of the European Court. But if domestic courts are in a position to apply the ECHR in the first place, it is because the application of the Convention |
| Publication: |
UK |
| Imprint: |
Oxford University Press |
| Returns: |
Returnable |
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