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其他書名
A Study of Proportionality, Subsidiarity and Primarity in the European Convention on Human Rights
出版BRILL, 2009
主題Political Science / Human Rights
ISBN97890041702859004170286
URLhttp://books.google.com.hk/books?id=T2OcpCA-2LQC&hl=&source=gbs_api
EBookSAMPLE
註釋In one of the most important publications on the European Convention and Court of Human Rights in recent years, a wide range of fundamental practical and theoretical problems of crucial importance are addressed in an original and critical way bringing a fresh, coherent and innovative order into well-known battle zones. The analysis revolves around the Courta (TM)s fair balance-test and comprises in-depth analyses of e.g. methods of interpretation, proportionality, the least onerous means-test, the notion of absolute rights, subsidiarity, formal and substantive principles, evidentiary standards, proceduralisation of substantive rights etc. The author coins the term of a oeprimaritya in order to clarify the obligation of the Contracting Parties to implement the Convention in domestic law.