The immense strength of Bjorges study is that it both demonstrates that the tensions between the European Court and the domestic authorities are commonplace across the Council of Europe and identifies the way to its effective resolution: that Strasbourg can only succeed in achieving a subsidiary role if domestic courts perform the critical duty of securing human rights protection at home.

Richard Clayton QC, Law Quarterly Review

The tensions that arise inevitably when national courts are required to apply international standards, especially in sensitive areas such as human rights, has been the subject of much discussion over the years. That debate is sought to be furthered by this book which focuses on how the domestic courts [in member-states of the Council of Europe] define their role in relation to the European Court of Human Rights at Strasbourg, specific attention being paid to the judiciaries of France, Germany and the United Kingdom.

The Commonwealth Lawyer 24:3

Domestic courts are entrusted with the application of the European Convention on Human Rights (ECHR), as faithful trustees of the rights protected in the Convention. This book analyses the way in which the domestic courts in the United Kingdom, France, and Germany apply the ECHR and how, applying the Convention, they define their relationship with the European Court of Human Rights. Contrary to what others have contended, the book argues that it is not true descriptively, nor desirable normatively, that the domestic courts approach the ECHR based upon friction and assertion of sovereignty vis-à-vis the European Court. The proper role played by the domestic courts, and the one which they have taken on them to perform in fact, is to apply the Convention in all good faith, building on the principles of the Convention as set out in the jurisprudence of the European Court. But if domestic courts are in a position to apply the ECHR in the first place, it is because the application of the Convention has been entrusted to them by the other organs of the municipal state; in certain cases municipal principles of the separation of powers have an important bearing on domestic interpretation and application of the Convention. Domestic Application of the ECHR: Courts as Faithful Trustees shows that, through their faithful application of the ECHR, domestic courts can - and do - make a positive contribution to the development of the law of the Convention.
Les mer
The first sustained critique of how domestic courts in the EU apply the European Convention on Human Rights and interact with the European Court of Human Rights at Strasbourg. This book considers the British, French, and German approaches to the ECHR and shows that domestic courts apply and develop the Convention faithfully and positively.
Les mer
1: Introduction 2: Thesis of the Book 3: Incorporation: Conceptual Relationship between ECHR and National Law 4: Evolutionary Interpretation: 'The Convention is a Living Instrument' 5: Proportionality 6: Margin of Appreciation 7: Autonomous Concepts 8: Dialogue 9: Conclusion
Les mer
Examines the role of domestic courts as faithful trustees of the ECHR Provides an analysis of UK, French, and German jurisprudence on the ECHR Considers the application of the ECHR by domestic courts to be carried out in good faith
Les mer
Eirik Bjorge is the Shaw Foundation Junior Research Fellow at Jesus College, University of Oxford. He is the author of The Evolutionary Interpretation of Treaties (Oxford University Press, 2014).
Examines the role of domestic courts as faithful trustees of the ECHR Provides an analysis of UK, French, and German jurisprudence on the ECHR Considers the application of the ECHR by domestic courts to be carried out in good faith
Les mer

Produktdetaljer

ISBN
9780198743637
Publisert
2015
Utgiver
Vendor
Oxford University Press
Vekt
602 gr
Høyde
241 mm
Bredde
170 mm
Dybde
23 mm
Aldersnivå
UU, UP, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
294

Forfatter

Biografisk notat

Eirik Bjorge is the Shaw Foundation Junior Research Fellow at Jesus College, University of Oxford. He is the author of The Evolutionary Interpretation of Treaties (Oxford University Press, 2014).