| 书目名称 | Fundamental Rights Challenges | | 副标题 | Horizontal Effective | | 编辑 | Cristina Izquierdo-Sans,Carmen Martínez-Capdevila, | | 视频video | | | 概述 | Focuses on the current major issues concerning fundamental rights.Provides an in-depth analysis of the most recent judgments of the ECJ and the ECHR on horizontal effect of fundamental rights and on t | | 图书封面 |  | | 描述 | This book presents a comprehensive review of fundamental rights issues that are currently in the spotlight. The first part explores why the question of whether or not fundamental rights have horizontal effect is a topic of endless debate. The second part focuses on human rights and the rule of law. It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary. Lastly, the third part addresses a classic issue in the field of human rights: states’ margin of appreciation, highlighting two aspects: (i) the elements used by the ECJ to determine the scope of the margin of appreciation, which varies depending on the subject matter, the nature of the right in question, as well as the severity and the purpose of the interference; and (ii) the margin of appreciation enjoyed by national courts when interpreting the law. .Exploring current issues concerning a topic of eternal interest, the book will appeal to scholars and practitioners alike. Written by formidable intellectual talents, committed to the study of fundamental rights, it rigorousl | | 出版日期 | Book 2021 | | 关键词 | Human rights; Horizontal effect of human rights; Rule of law; Margin of appreciation in human rights; TE | | 版次 | 1 | | doi | https://doi.org/10.1007/978-3-030-72798-7 | | isbn_softcover | 978-3-030-72800-7 | | isbn_ebook | 978-3-030-72798-7 | | copyright | The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerl |
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发表于 2025-3-21 17:42:37
