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The Resource Domestic application of the ECHR : courts As faithful trustees, Eirik Bjorge

Domestic application of the ECHR : courts As faithful trustees, Eirik Bjorge

Creator
Summary
This book seeks to provide an answer to the question: what is the proper role of the domestic courts in the application of the European Convention on Human Rights (ECHR)? This question bears both on how the domestic courts define their role in relation to the European Court of Human Rights and to other national authorities. Relying on examples from French, German, and UK law, the book develops the argument that the proper role of the domestic courts in the application of the ECHR is to act as faithful trustees of the Convention rights. This is a trust to be performed honestly and in good faith. That involves applying the Convention rights loyally with a focus on the principles underlying those rights. Equally importantly, however, it involves an acute understanding of the fact that the domestic courts would not be in a position to apply the ECHR at all had it not been for the fact that its interpretation and application were entrusted to them by the other organs of the municipal state. Domestic principles of the separation of powers may, therefore, in some cases be determinative of the domestic interpretation of the Convention rights as far as the state in question is concerned. The book concludes that the safeguarding of the Convention rights was always intended to lie in the first place with the domestic authorities; only if that domestic application is faithful and loyal can the European Court play the subsidiary role which it was always intended to play.--
Language
eng
Work
Instance
Label
Domestic application of the ECHR : courts As faithful trustees
Title
Domestic application of the ECHR
Title remainder
courts As faithful trustees
Statement of responsibility
Eirik Bjorge
Title variation
Domestic application of the European Court of Human Rights
Creator
Subject
Language
eng
Summary
This book seeks to provide an answer to the question: what is the proper role of the domestic courts in the application of the European Convention on Human Rights (ECHR)? This question bears both on how the domestic courts define their role in relation to the European Court of Human Rights and to other national authorities. Relying on examples from French, German, and UK law, the book develops the argument that the proper role of the domestic courts in the application of the ECHR is to act as faithful trustees of the Convention rights. This is a trust to be performed honestly and in good faith. That involves applying the Convention rights loyally with a focus on the principles underlying those rights. Equally importantly, however, it involves an acute understanding of the fact that the domestic courts would not be in a position to apply the ECHR at all had it not been for the fact that its interpretation and application were entrusted to them by the other organs of the municipal state. Domestic principles of the separation of powers may, therefore, in some cases be determinative of the domestic interpretation of the Convention rights as far as the state in question is concerned. The book concludes that the safeguarding of the Convention rights was always intended to lie in the first place with the domestic authorities; only if that domestic application is faithful and loyal can the European Court play the subsidiary role which it was always intended to play.--
Member of
Assigning source
Provided by Publisher
Cataloging source
BTCTA
http://library.link/vocab/creatorDate
1983-
http://library.link/vocab/creatorName
Bjørge, Eirik
Index
index present
Literary form
non fiction
Nature of contents
bibliography
Series statement
International Law in Domestic Legal Orders
http://library.link/vocab/subjectName
  • European Court of Human Rights
  • International law and human rights
  • Conflict of laws
  • International and municipal law
  • Conflict of laws
  • International and municipal law
  • Conflict of laws
  • International and municipal law
  • Conflict of laws
  • International and municipal law
  • Human rights
Label
Domestic application of the ECHR : courts As faithful trustees, Eirik Bjorge
Link
https://opac.eui.eu/client/en_GB/default/search/detailnonmodal/ent:$002f$002fSD_ILS$002f0$002fSD_ILS:394475/one
Instantiates
Publication
Bibliography note
Includes bibliographical references (pages 249-262) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Control code
FIEb17780020
Dimensions
24 cm.
Edition
First Edition.
Extent
xxiv, 264 pages
Isbn
9780198743637
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)907657635
Label
Domestic application of the ECHR : courts As faithful trustees, Eirik Bjorge
Link
https://opac.eui.eu/client/en_GB/default/search/detailnonmodal/ent:$002f$002fSD_ILS$002f0$002fSD_ILS:394475/one
Publication
Bibliography note
Includes bibliographical references (pages 249-262) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Control code
FIEb17780020
Dimensions
24 cm.
Edition
First Edition.
Extent
xxiv, 264 pages
Isbn
9780198743637
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)907657635

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