Harris, O'Boyle & Warbrick: Law of the European Convention on Human Rights

by Harris, David; O'Boyle, Michael; Bates, Edward; Buckley, Carla

• ISBN13: 9780406905949
• ISBN10: 0406905940
• Edition: 2nd
• Format: Paperback
• Copyright: 2009-06-01
• Publisher: Oxford University Press

Summary

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 analyzes 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.

Author Biography

David Harris CMG is Emeritus Professor in Residence and Co-Director of the Human Rights Law Centre at the University of Nottingham Michael O'Boyle is Deputy Registrar at the European Court of Human Rights at Strasbourg Ed Bates is Lecturer in Law at the University of Southampton Carla Buckley is Research Associate at the Human Rights Law Centre at the University of Nottingham

Table of Contents

The European Convention on Human Rights in Context

Article 2: the Right to Life

Article 3: Freedom from Torture or Inhuman or Degrading Treatment or Punishment

Article 4: Freedom from Slavery, Servitude or Forced or Compulsory Labour

Article 5: the Right to Liberty and Security of the Person

Article 6: The Right to a Fair Trial

Article 7: Freedom from Retroactive Criminal Offences and Punishment

Articles 8-11: General Considerations

Article 8: The Right to Respect for Private and Family Life, Home and Correspondence

Article 9: Freedom of Religion

Article 10: Freedom of Expression

Article 11: Freedom of Assembly and Association

Article 12: The Right to Marry and to Found a Family

Article 13: The Right to an Effective National Remedy

Article 14: Freedom from Discrimination in Respect of Protected Rights

Article 15: Derogation in Time of War or Other Public Emergency

Articles 16-18: Other Restrictions Upon the Rights Protected

Article 1, First Protocol: The Right to Property

Article 2, First Protocol: The Right to Education

Article 3, First Protocol: The Right to Free Elections

Rights Protected by the Fourth, Sixth and Seventh Protocols to the Convention

The European Commission of Human Rights: Practice and Procedure

Admissibility of Applications

The Operation of the European Court of Human Rights

The Role of the Committe of Ministers

Reforming the Convention: Eleventh Protocol

Appendices

Bibliography

Table of Contents provided by Publisher. All Rights Reserved.