| 书目名称 | The European Court of Human Rights as a Pathway to Impunity for International Crimes | | 编辑 | Sonja C. Grover | | 视频video | | | 概述 | Includes supplementary material: | | 图书封面 |  | | 描述 | Introductory Remarks on the Perspective and Intent of the Author in Writing This Monograph The European Court of Human Rights comments in the judgment Korbely v. Hungary that: However, clearly drafted a legal provision may be, in any system of law, including criminal law, there is an inevitable element of judicial interpretation. There will always be a need for elucidation of doubtful points and for adaptation to changing circumstances. Indeed, in the Convention States, the progressive development of the criminal law through judicial law making is a well-entrenched and necessary part of legal tradition…The Court’s role is con?ned to ascertaining whether the effects of such an interpretation [interpretation by the national courts and authorities of domestic law which sometimes may refer to or incor- rate international law principles or agreements] are compatible with the Convention 1 [European Convention on Human Rights and Fundamental Freedoms] (emphasis added). This book then examines to what degree this “inevitable element of judicial interpretation” has been applied by the European Court of Human Rights in a manner consistent with the guarantees of the most fundamental human rig | | 出版日期 | Book 2010 | | 关键词 | Crimes against Humanity; European Convention on Human Rights; European Court of Human Rights; Genocide, | | 版次 | 1 | | doi | https://doi.org/10.1007/978-3-642-10799-3 | | isbn_softcover | 978-3-642-42404-5 | | isbn_ebook | 978-3-642-10799-3 | | copyright | Springer-Verlag Berlin Heidelberg 2010 |
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发表于 2025-3-21 19:48:10
