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The Right to Life in European Constitutional and International Case-law

The Right to Life in European Constitutional and International Case-law PDF Author: Bertrand Mathieu
Publisher: Council of Europe
ISBN: 9287158673
Category : Law
Languages : en
Pages : 128

Book Description
The right to life is the prime individual right in treaty and constitution systems of fundamental rights. The whole approach to protecting this right has changed considerably with scientific and medical advances. Whereas traditionally the concern was to protect life from all threats, today there is the additional very prominent issue of human, scientific and medical intervention in the life-giving process in such forms as abortion, medically assisted procreation, embryo research, cloning and euthanasia. This comparative analysis of the case law of Europes constitutional courts and the Council of Europes European Court of Human Rights examines the nature and scope of the right to life in order to determine whether there is a common legal approach to the question in Europe

The Right to Life in European Constitutional and International Case-law

The Right to Life in European Constitutional and International Case-law PDF Author: Bertrand Mathieu
Publisher: Council of Europe
ISBN: 9287158673
Category : Law
Languages : en
Pages : 128

Book Description
The right to life is the prime individual right in treaty and constitution systems of fundamental rights. The whole approach to protecting this right has changed considerably with scientific and medical advances. Whereas traditionally the concern was to protect life from all threats, today there is the additional very prominent issue of human, scientific and medical intervention in the life-giving process in such forms as abortion, medically assisted procreation, embryo research, cloning and euthanasia. This comparative analysis of the case law of Europes constitutional courts and the Council of Europes European Court of Human Rights examines the nature and scope of the right to life in order to determine whether there is a common legal approach to the question in Europe

The European Union and Human Rights

The European Union and Human Rights PDF Author: Nanette A. Neuwahl
Publisher: BRILL
ISBN: 9004482423
Category : Law
Languages : en
Pages : 351

Book Description


Human Rights in the Council of Europe and the European Union

Human Rights in the Council of Europe and the European Union PDF Author: Steven Greer
Publisher: Cambridge University Press
ISBN: 1108647456
Category : Law
Languages : en
Pages : 562

Book Description
Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.

Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights

Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights PDF Author: Ana Salinas de Frias
Publisher: Council of Europe
ISBN: 928717685X
Category : Political Science
Languages : en
Pages : 464

Book Description
Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.

The Universal Declaration of Human Rights

The Universal Declaration of Human Rights PDF Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 32

Book Description


The European Court of Human Rights

The European Court of Human Rights PDF Author: Helmut P. Aust
Publisher: Edward Elgar Publishing
ISBN: 1839108347
Category : Law
Languages : en
Pages : 296

Book Description
This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.

Constitutional Justice

Constitutional Justice PDF Author: Trevor R. S. Allan
Publisher: Oxford University Press, USA
ISBN: 9780199267880
Category : Law
Languages : en
Pages : 348

Book Description
Scope of Judicial Review

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law PDF Author: Anneli Albi
Publisher: Springer
ISBN: 9462652732
Category : Law
Languages : en
Pages : 1522

Book Description
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Canada in the World

Canada in the World PDF Author: Richard Albert
Publisher: Cambridge University Press
ISBN: 1108419739
Category : Law
Languages : en
Pages : 483

Book Description
Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.

The Global Model of Constitutional Rights

The Global Model of Constitutional Rights PDF Author: Kai Möller
Publisher: Oxford University Press
ISBN: 0199664609
Category : Law
Languages : en
Pages : 239

Book Description
The rapid spread of judicially-enforced constitutional rights has been one of the most dramatic developments in modern law. This book argues that there is now a global model for how such rights should function, and develops an original, philosophically grounded, account of their nature and scope.