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The Development of Positive Obligations under the European Convention on Human Rights by the European Court of Human Rights: Human Rights Law in Perspective

Autor Alastair Mowbray
en Limba Engleză Hardback – 29 ian 2004
During the last thirty years the European Court of Human Rights has been developing,at an expanding pace, positive obligations under the European Convention. This monograph seeks to provide a critical analysis of the burgeoning case law concerning positive obligations, a topic which is relatively uncharted in the existing literature. Positive obligations require many different forms of action by member states, ranging from effectively investigating killings through to protecting peaceful demonstrators from violent attacks by their opponents. The contemporary significance of these obligations is graphically illustrated by the fact that it is the obligation upon states to provide fair trials to determine civil and criminal proceedings within a reasonable time that is the source of the overwhelming majority of complaints to the European Court in recent years. The study examines the legal bases and content of key positive obligations. Conclusions are then drawn concerning the reasons for the development of these obligations and areas of potential expansion are identified.
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Specificații

ISBN-13: 9781841132617
ISBN-10: 1841132616
Pagini: 255
Dimensiuni: 156 x 234 x 20 mm
Greutate: 0.52 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Human Rights Law in Perspective

Locul publicării:London, United Kingdom

Caracteristici

Provides a critical analysis of the burgeoning case law concerning positive obligations, a topic which is relatively uncharted in the existing literature.

Notă biografică

Alastair Mowbray is a Professor of Public Law the University of Nottingham.

Cuprins

1. Introduction2. Article 2: Right to life3. Article 3: Prohibition of torture4. Article 5: Right to liberty and security5. Article 6: Right to a fair trial6. Article 8: Right to respect for private and family life7. Articles 9, 10, 11 and 148. Article 13: Right to an effective remedy9. Conclusions

Recenzii

This book is highly recommended for anyone interested in human rights protection, be it globally or domestically.
From a very practical point of view...this book, which explains the positive obligation case law so clearly, has the potential to serve a very useful purpose...It would serve as an excellent source of additional reading set by academics seeking to introduce students to areas of human rights law that are bound provoke discussion about the role of the Strasbourg Court and the limits to interpretation of the Convention.
Mowbray's superb study....is a useful reference guide for litigators seeking to understand how far the European Court has gone in creating positive obligations connected to specific rights set forth in the Convention.
The text is admirably disciplinedIt is rare for authors to provide such detailed extracts from judgments in such publications. This book makes interesting reading for those who are attracted to theoretical and doctrinal issues, but is also a useful resource for the busy practitioner searching for examples from the Court's jurisprudence to support a complaint which is arguing that positive obligations have been violated.
...the book is to be praised for providing a balanced and insightful analysis...[it] has much to recommend it for academics and practitioners specialising in European human rights law.

Descriere

This book seeks provides a critical analysis of the burgeoning case law concerning positive obligations, a topic which is relatively uncharted.