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Vol 24 No 9 Sept/Oct 2019

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The Anti-Suit Injunction

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Religious Courts in the Jurisprudence of the European Court of Human Rights


ISBN13: 9789004416482
Published: September 2019
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Paperback
Price: £67.00



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Religious courts have been part of the European legal landscape for centuries. Almost all churches and religious communities have their own judicial systems, often composed of courts or tribunals ordered hierarchically. The aim of this book is to present cases from the jurisprudence of the European Court of Human Rights, in which a religious court was involved at the stage of domestic proceedings. The twelve cases in question originate from a number of European States, in which the applicants belonged to many denominations, although predominantly Christian.

The Court of Human Rights has mainly been concerned with religious courts in terms of compliance with the requirement for a fair hearing by an independent and impartial tribunal under Article 6 of the European Convention of Human Rights and has come to various conclusions. The most recent judgment from September 2017, Nagy v. Hungary, and in particular many associated dissenting opinions, demonstrate that the matter is worthy of study, particularly in the contemporary context of religious freedom.

Subjects:
Human Rights and Civil Liberties
Contents:
1. Introduction
2. Religious Courts: Their Structures and Their Legal Standing
3. Important Decisions and Judgments of the European Court (and the European Commission) of Human Rights, Not Referring Directly to Religious Courts
4. Relations between Religious Courts and State Courts in Strasbourg Case-Law
5. Conclusions and Outlook
Bibliography