General Principles of the European Convention on Human Rights

Provides broad and deep insight in the core concepts and principles of the European Convention on Human Rights.

Janneke Gerards (Author)

9781009045629, Cambridge University Press

Paperback / softback, published 13 July 2023

330 pages
24.4 x 17 x 2.1 cm, 0.697 kg

The European Convention on Human Rights is one of the world's most important and influential human rights documents. It owes its value mainly to the European Court of Human Rights, which applies the Convention rights in individual cases. This book offers insight into the concepts and principles that are key to understanding the European Convention and the Court's case law. It explains how the Court approaches its cases and its decision-making process, illustrated by numerous examples taken from the Court's judgments. Core issues discussed include types of Convention rights (such as absolute rights); the structure of the Court's Convention rights review; principles and methods of interpretation (such as common-ground interpretation and the use of precedent); positive and negative obligations; vertical and horizontal effect; the margin of appreciation doctrine; and the requirements for the restriction of Convention rights.

1. The basics of the convention system
2. The Court's overall argumentative approach – mediating between the abstract and the concrete
3. Principles governing the interpretation and application of convention rights
4. Methods of convention interpretation
5. Positive and negative obligations
6. Vertical and horizontal effect
7. The margin of appreciation doctrine
8. Justification of restrictions I – lawfulness
9. Justification of restrictions II – legitimate aim
10. Justification of restrictions III – necessity, proportionality and fair balance.

Subject Areas: Human rights & civil liberties law [LNDC]