Domestic Application of the ECHR: Courts as Faithful Trustees

Hardcover | November 22, 2015

byEirik Bjorge

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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 truedescriptively, nor desirable normatively, that the domestic courts approach the ECHR based upon friction and assertion of sovereignty vis-a-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 Conventionin 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 themunicipal 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.

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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 relat...

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).

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Format:HardcoverDimensions:304 pages, 9.21 × 6.14 × 0.89 inPublished:November 22, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198743637

ISBN - 13:9780198743637

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Table of Contents

1. Introduction2. Thesis of the Book3. Incorporation: Conceptual Relationship between ECHR and National Law4. Evolutionary Interpretation: 'The Convention is a Living Instrument'5. Proportionality6. Margin of Appreciation7. Autonomous Concepts8. Dialogue9. Conclusion