基本説明
Thoroughly updated to take account of all the changes which have developed over the past five years.
Full Description
The first edition of Harris, O'Boyle and Warbrick: Law of the European Convention on Human Rights swiftly established itself as a seminal legal textbook. The eagerly awaited second edition builds on the great strengths of the first, and is an indispensible text for all undergraduates, postgraduates and practitioners. Its publication coincides with the 50th anniversary of the European Court of Human Rights, a major milestone in European legal history. An up-to-date and comprehensive account of Strasbourg case law and its underlying principles, this book facilitates an in-depth understanding of this fascinating area of law. It fully explores the extent of the Convention's influence upon the legal development of the contracting states, and reveals exactly how such a powerful authority has been achieved and maintained. It sets out and critically analyses each Convention article that constitutes the substantive guarantee, and examines the system of supervision. The Convention currently binds 47 European states, and its reach is set to expand even further.
It has effectively become the constitutional bill of rights for Europe, providing common human rights standards for the whole continent. National parliaments and courts must constantly look to the Convention when legislating and deciding cases, or run the risk of adverse Strasbourg judgments with which they must then comply. For nearly all states, the Convention has been made directly enforceable in their national courts. For the remaining few, it offers a model for a national bill of rights. All of these considerations underline the immense value of the comprehensive account of the law of the Convention that this book provides.
Contents
1. The European Convention on Human Rights in context ; 2. Article 2: The right to life ; 3. Article 3: Freedom from torture or inhuman or degrading treatment or punishment ; 4. Article 4: Freedom from slavery, servitude or forced or compulsory labour ; 5. Article 5: The right to liberty and security of the person ; 6. Article 6: The right to a fair trial ; 7. Article 7: Freedom from retroactive criminal offences and punishment ; 8. Articles 8-11: General considerations ; 9. Article 8: The right to respect for private and family life, home and correspondence ; 10. Article 9: Freedom of religion ; 11. Article 10: Freedom of expression ; 12. Article 11: Freedom of assembly and association ; 13. Article 12: The right to marry and to found a family ; 14. Article 13: The right to an effective national remedy ; 15. (Freedom from discrimination in respect of protected Convention rights) and Protocol Twelve (Non-discrimination in respect of 'any right set forth by law') ; 16. Article 15: Derogation in time of war or other public emergency threatening the life of the nation ; 17. Articles 16-18: Other restrictions upon the rights protected ; 18. Article 1, First Protocol: The right to property ; 19. Article 2, First Protocol: The right to education ; 20. Article 3, First Protocol: The right to free elections ; 21. Rights protected by the Fourth, Sixth, Seventh and thirteenth Protocols to the Convention ; 22. Admissibility of applications ; 23. The European Court of Human Rights: Organization, practice and procedure ; 24. The execution of the Court's judgments
