Detention and the Right to Liberty - Addressing Gaps in Protection At the European Court of Human Rights

This book is a ground-breaking study of how the European Court of Human Rights interprets Article 5 of the European Convention on Human Rights - the right to liberty and security. It presents an original framework for the progressive interpretation of the right to liberty.

List of contents

Foreword; Acknowledgements; Introduction; 1. Framing discretion at the European Court of Human Rights; 2. An increased role for consensus in the progressive interpretation of the right to liberty; 3. An evolutive interpretation of justifications for detention; 4. An evolutive approach to Article 5 proportionality; 5. Discretion in adjudicating a right to liberty free from abuse of power or discrimination; Conclusion

About the author

Sabina Garahan is a lecturer (assistant professor) in human rights and criminal law at the University of Essex Law School and is director of the Essex Human Rights Centre Clinic.

Product details

• Authors: Sabina Garahan
• Publisher: Taylor & Francis Ltd.
• Languages: English
• Product format: Hardback
• Released: 29.04.2025
• EAN: 9781032850078
• ISBN: 978-1-0-3285007-8
• No. of pages: 222
• Series: Routledge Research in Human Rights Law
• Subjects: Social sciences, law, business > Law > Public law, administrative procedural law, constitutional procedural law; POLITICAL SCIENCE / Human Rights, LAW / General, LAW / Courts, LAW / Constitutional, LAW / Civil Rights, LAW / Comparative, LAW / Trial Practice, comparative law, International institutions, Public international law: human rights, International human rights law, Legal systems: courts and procedures, Constitutional & administrative law, Constitutional and administrative law: general