The Concept of the Rule of Law and the European Court of Human Rights

Nonfiction, Reference & Language, Law, International, Social & Cultural Studies, Political Science
Cover of the book The Concept of the Rule of Law and the European Court of Human Rights by Geranne Lautenbach, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Geranne Lautenbach ISBN: 9780191650956
Publisher: OUP Oxford Publication: November 28, 2013
Imprint: OUP Oxford Language: English
Author: Geranne Lautenbach
ISBN: 9780191650956
Publisher: OUP Oxford
Publication: November 28, 2013
Imprint: OUP Oxford
Language: English

This book analyses the concept of the rule of law in the context of international law, through the case law of the European Court of Human Rights. It investigates how the court has defined and interpreted the notion of the rule of law in its jurisprudence. It places this analysis against a background of more theoretical accounts of the idea of the rule of law, drawing in ideas of political philosophy. It also provides a comparative assessment, demonstrating how the idea of the rule of law has evolved in the UK, France, and Germany. The book argues that at the core of the concept of the rule of law are the notions of legality and judicial safeguards. It states that the Court has developed the requirements of legality, which the work analyses in detail, based on that concept. It assesses the independence of the judiciary as an aspect of the rule of law in the context of the European Convention on Human Rights, and the relationship between the rule of law and the substantive contents of law. The book posits that the rule of law as seen at the Court is not mainly utilised with regard to 'freedom' rights, but is more concerned with procedural rights. It discusses the relationship between the rule of law and the view of the Convention as a constitutional instrument of the European public order, and shows that the rule of law and democracy are inextricably linked in the case law of the Court. Ultimately, the book demonstrates in its analysis of the Court's jurisprudence that the notion of the rule of law is a crucial part of the international legal order.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This book analyses the concept of the rule of law in the context of international law, through the case law of the European Court of Human Rights. It investigates how the court has defined and interpreted the notion of the rule of law in its jurisprudence. It places this analysis against a background of more theoretical accounts of the idea of the rule of law, drawing in ideas of political philosophy. It also provides a comparative assessment, demonstrating how the idea of the rule of law has evolved in the UK, France, and Germany. The book argues that at the core of the concept of the rule of law are the notions of legality and judicial safeguards. It states that the Court has developed the requirements of legality, which the work analyses in detail, based on that concept. It assesses the independence of the judiciary as an aspect of the rule of law in the context of the European Convention on Human Rights, and the relationship between the rule of law and the substantive contents of law. The book posits that the rule of law as seen at the Court is not mainly utilised with regard to 'freedom' rights, but is more concerned with procedural rights. It discusses the relationship between the rule of law and the view of the Convention as a constitutional instrument of the European public order, and shows that the rule of law and democracy are inextricably linked in the case law of the Court. Ultimately, the book demonstrates in its analysis of the Court's jurisprudence that the notion of the rule of law is a crucial part of the international legal order.

More books from OUP Oxford

Cover of the book The School of Montaigne in Early Modern Europe by Geranne Lautenbach
Cover of the book Little Oxford Dictionary of Proverbs by Geranne Lautenbach
Cover of the book Music Therapy and Parent-Infant Bonding by Geranne Lautenbach
Cover of the book Natural Theology by Geranne Lautenbach
Cover of the book Resurrection of the Dead in Early Judaism, 200 BCE-CE 200 by Geranne Lautenbach
Cover of the book Studies in Buddhist Philosophy by Geranne Lautenbach
Cover of the book Blackstone's Police Operational Handbook 2014: Law by Geranne Lautenbach
Cover of the book The Oxford Handbook of Talent Management by Geranne Lautenbach
Cover of the book Barth, Origen, and Universal Salvation by Geranne Lautenbach
Cover of the book Business Strategy by Geranne Lautenbach
Cover of the book An Introduction to Empirical Legal Research by Geranne Lautenbach
Cover of the book Oxford Textbook of Medicine: Infection by Geranne Lautenbach
Cover of the book Humour: A Very Short Introduction by Geranne Lautenbach
Cover of the book The Handbook of the International Law of Military Operations by Geranne Lautenbach
Cover of the book Recognizing States by Geranne Lautenbach
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy