Geranne Lautenbach's The Concept of the Rule of Law and the European Court of PDF

By Geranne Lautenbach

ISBN-10: 0199671192

ISBN-13: 9780199671199

This e-book analyses the concept that of the guideline of legislations within the context of overseas legislations, throughout the case legislations of the ecu courtroom of Human Rights. It investigates how the court docket has outlined and interpreted the suggestion of the guideline of legislation in its jurisprudence. It areas this research opposed to a heritage of extra theoretical money owed of the assumption of the rule of thumb of legislations, drawing in rules of political philosophy. It additionally presents a comparative overview, demonstrating how the
idea of the rule of thumb of legislation has developed within the united kingdom, France, and Germany.

The ebook argues that on the center of the concept that of the guideline of legislations are the notions of legality and judicial safeguards. It states that the courtroom has constructed the necessities of legality, which the paintings analyses intimately, in keeping with that idea. It assesses the independence of the judiciary as a side of the rule of thumb of legislation within the context of the eu conference on Human Rights, and the connection among the guideline of legislations and the sizeable contents of legislation. The e-book posits that the guideline of
law as obvious on the courtroom isn't more often than not utilised with reference to 'freedom' rights, yet is extra desirous about procedural rights. It discusses the connection among the rule of thumb of legislation and the view of the conference as a constitutional device of the ecu public order, and indicates that the rule of thumb of
law and democracy are inextricably associated within the case legislations of the courtroom. eventually, the publication demonstrates in its research of the Court's jurisprudence that the proposal of the guideline of legislations is a vital a part of the foreign criminal order.

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The Concept of the Rule of Law and the European Court of Human Rights by Geranne Lautenbach


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