The European Convention for the Protection of Human Rights: International Protection Versus National Restrictions

ISBN-13: 9780792312833 / Angielski / Twarda / 1991 / 364 str.

Auteur Mireille Delmas-Marty; M. Delmas-Marty; Auteur Mireille Delmas-Marty

Opis

The reason of State plays an important role under the European Convention for the Protection of Human Rights and Fundamental Freedoms. Not only does Article 15 authorize States to take measures derogating from their obligations under the Convention in time of war or other public emergency, threatening the life of the nation'; most of the rights and liberties defined in the Convention are subject to escape clauses as well. This book demonstrates first that the system' of the Convention is much more ambiguous than could have been expected. Secondly, it shows, on the basis of study carried out in most of the Member States of the Council of Europe, that a certain resistance exists to the Convention. Neither the ambiguity of the European system, nor the resistance of States to the system must be overlooked. These should not, however, conceal the dynamics of the Europe/States relationship which could well lead to a more reasoned' conception of the reason of State. Has a Europe of human rights' begun to develop through the complex interplay of national and European norms? This is the question raised in this fascinating book. Mireille Delmas-Marty is professor of Law at the Universite de Paris 1 (Pantheon -- Sorbonne) and Director of the Section de Sciences Criminelles of the Institute of Comparative Law in Paris.

Spis treści

General Introduction. Part I. Introduction. 1. I. Terrorism. 2.I. Aliens. 3.I. The Press. 4.I. Public Morals. Part II. Introduction. 1.II. Belgium. 2.II. Federal Republic of Germany. 3.II. France. 4.II. Greece. 5.II. Iberian Peninsula. 6.II. Italy. 7.II. Netherlands. 8.II. Sweden. 9.II. Switzerland. 10.II. United Kingdom. Part III. Introduction. 1.III. The Original Canons of Interpretation of the European Court of Human Rights. 2.III. The Richness of Underlying Legal Reasoning. Index.