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Vol 21 No 11 Nov/Dec 2016

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European Human Rights Convention in Domestic Law: A Comparative Study

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ISBN13: 9780198255253
ISBN: 019825525X
Published: May 1985
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback (Hardback 1983)
Price: £56.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

The European Convention on Human Rights has had a significant impact on the courts of the member states of the Council of Europe. The aim of the present study is threefold. First, to determine conclusively whether or not there exists a legal obligation on member states to incorporate the Convention into domestic law. Secondly. to make a comparative survey of the reception of the Convention on the domestic courts of member states.

In pursuit of this last aim, the author has surveyed the application of the Convention in cases involving relations between individuals; the possibility of references by domestic courts to the Convention as part of the corpus of European Community Law, enforceable in the domestic forum; and the authority of the findings to the organs of the Convention in domestic courts, evidenced either in proceeding to give effect to their findings, or in their use as guidelines to clarify the nature and extent of obligations.

The study illustrates the growing importance of the Convention as an autonomous source in the domestic law of states parties. The author concludes by suggesting that a preliminary ruling procedure be instituted in order to ensure the harmonious and uniform application of Convention Law by domestic courts.;This book is intended for legal practitioners in the area of domestic law and human rights; government officials involved in domestic law and human rights; and scholars of comparative law, domestic law, and human rights law.