Shaping rights in the ECHR : the role of the European Court of Human Rights in determining the scope of human rights /
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Imprint: | New York : Cambridge University Press, 2013. |
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Description: | 1 online resource (x, 367 pages) |
Language: | English |
Subject: | |
Format: | E-Resource Book |
URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/11832597 |
Table of Contents:
- Introduction / Janneke Gerards and Eva Brems
- Part I. Conceptual, Structural and Constitutional Issues Relating to the Scope of Rights
- 2. Between the will of the contracting parties and the needs of today : extending the scope of Convention rights and freedoms beyond what could have been foreseen by the drafters of the ECHR / Alastair Mowbray
- The scope and balancing of rights : diagnostic or constitutive? / George Letsas
- Interpreting the protection guaranteed by two-stage rights in the European Convention on Human Rights : the case for wide interpretation / Gerhard van der Schyff
- The scope of ECHR rights and institutional concerns : the relationship between proliferation of rights and the caseload of the ECtHR / Janneke Gerards
- Part 2. Scope and More : Developments in the Case-Law of the ECtHR
- Defining the scope of economic and social guarantees in the case-law of the ECtHR / Ingrid Leijten
- Procedural protection : an examination of procedural safeguards read into substantive Convention rights / Eva Brems
- The scope of rights and the scope of obligations : positive obligations / Laurens Lavrysen
- Contested contours : the limits of freedom of expression from an abuse of rights perspective : Articles 10 and 17 ECHR / Antoine Buyse
- Part 3. 360° Comparison
- Bottom-up shaping of rights : how the scope of human rights at the national level impacts upon Convention rights / Eirik Bjorge
- Old and new human rights in Europe : the scope of EU rights versus that of ECHR rights / Xavier Groussot and Eduardo Gill-Pedro
- European human rights as universal rights : in defence of a holistic understanding of human rights / Martin Scheinin
- Part IV. A Closer Look at Specific Rights
- The 'absolute' prohibition of torture and inhuman or degrading treatment in Article 3 ECHR : truly a question of scope only? / Stijn Smet
- The right to a fair trial and its multiple manifestations: Article 6(1) ECHR / Paul Lemmens
- How the right to respect for private and family life, home and correspondence became the nursery in which new rights are born: Article 8 ECHR / Maris Burbergs
- Discrimination as a magnifying lens: scope and ambit under Article 14 and Protocol No. 12 / Oddný Mjöll Arnardóttir.