The Convergence of the Fundamental Rights Protection in Europe

Nonfiction, Reference & Language, Law, International, Constitutional
Cover of the book The Convergence of the Fundamental Rights Protection in Europe by , Springer Netherlands
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9789401774659
Publisher: Springer Netherlands Publication: April 5, 2016
Imprint: Springer Language: English
Author:
ISBN: 9789401774659
Publisher: Springer Netherlands
Publication: April 5, 2016
Imprint: Springer
Language: English

The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection. Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey. 

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

The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection. Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey. 

More books from Springer Netherlands

Cover of the book Plant Hormone Signaling Systems in Plant Innate Immunity by
Cover of the book Cerebrovascular Evaluation with Doppler Ultrasound by
Cover of the book Textbook of Clinical Electrocardiography by
Cover of the book Logical Theory and Semantic Analysis by
Cover of the book Persons, Identity, and Political Theory by
Cover of the book Subduction by
Cover of the book Art Inspiring Transmutations of Life by
Cover of the book Surface-Based Remote Sensing of the Atmospheric Boundary Layer by
Cover of the book Studies on Gottlob Frege and Traditional Philosophy by
Cover of the book Land Surface — Atmosphere Interactions for Climate Modeling by
Cover of the book Sign Levels by
Cover of the book Sustainable Forest Management in a Changing World: a European Perspective by
Cover of the book Migration and Transformation: by
Cover of the book Argument Structure: by
Cover of the book Ontological Fundamentals for Ethical Management by
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