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The Emergence of the European Human Rights Law: An Essay on Judicial Creativity
This book looks at how the legal provisions of the European Convention on Human Rights emerged into a vast body of European human rights law. It presents a creative and thorough analysis of the case law of the European Court of Human Rights and shows how the Court manages to bring and hold together judges coming from a great number of diverse legal and...
This book looks at how the legal provisions of the European Convention on Human Rights emerged into a vast body of European human rights law. It presents a creative and thorough analysis of the case law of the European Court of Human Rights and shows how the Court manages to bring and hold together judges coming from a great number of diverse legal and cultural traditions. The analysis of key issues - such as creativity, binding force of precedence, and interpretation - illustrate the complexity of the case-by-case international protection of human rights. This analysis will give both scholars and practitioners insight into a prudent and innovative construct of opinions on the Court's jurisprudence. The book is a valuable contribution to emerging European human rights law.
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