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Effective Domestic Remedies and the European Court of Human Rights
Michael Reiertsen
其他書名
Applications of the European Convention on Human Rights Article 13
出版Cambridge University Press, 2022-08-25
主題Political Science / Human RightsLaw / InternationalLaw / Civil RightsSocial Science / Violence in Society
ISBN10091824639781009182461
URLhttp://books.google.com.hk/books?id=iW-AEAAAQBAJ&hl=&source=gbs_api
EBookSAMPLE
註釋In Malone v. UK (Plenary 1984), the right to an effective domestic remedy in the European Convention on Human Rights Article 13 was famously described as one of the most obscure clauses in the Convention. Since then, the European Court of Human Rights has reinforced the scope and application of the right. Through an analysis of virtually all of the Court's judgments concerning Article 13, the book exhaustively accounts for the development and current scope and content of the right. The book also provides normative recommendations on how the Court could further develop the right, most notably how it could be a tool to regulate the relationship between domestic and international protection of human rights. In doing so, the book situates itself within larger debates on the enforcement of the entire Convention such as the principle of subsidiarity and the procedural turn in the Court's case law.