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 | http://file.papertrans.cn/910/909116/909116.mp4 |
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 |