Fair Balance: Proportionality, Subsidiarity and Primarity in the European Convention on Human Rights

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.

Product details

• Authors: Jonas Christoffersen
• Publisher: Brill
• Languages: English
• Product format: Hardback
• Released: 02.06.2009
• EAN: 9789004170285
• ISBN: 978-90-04-17028-5
• No. of pages: 668
• Dimensions: 168 mm x 246 mm x 41 mm
• Weight: 1247 g
• Series: International Studies in Human
• Subject: Social sciences, law, business > Political science > Political science and political education