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The Reception Process in Ireland and the United Kingdom

Samantha Besson

in A Europe of Rights: The Impact of the ECHR on National Legal Systems

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199535262
eISBN:
9780191715723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199535262.003.0002
Subject:
Law, Human Rights and Immigration

This chapter examines the reception of the ECHR in the UK and Ireland both before and after incorporation. Both countries incorporated the ECHR using roughly the same model. One might have assumed ... More


The Open Architecture of European Human Rights Law

Nico Krisch

in Beyond Constitutionalism: The Pluralist Structure of Postnational Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199228317
eISBN:
9780191594793
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228317.003.0004
Subject:
Law, Constitutional and Administrative Law, Public International Law

Chapter 4 analyses the European human rights regime, often regarded as a prime example of constitutionalization beyond the state. At closer inspection, this description turns out to be misguided—the ... More


The United Kingdom and the Human Rights Act (1998)

David Erdos

in Delegating Rights Protection: The Rise of Bills of Rights in the Westminster World

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199557769
eISBN:
9780191594380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199557769.003.0007
Subject:
Political Science, Comparative Politics

This chapter examines the socio‐politics of bill of rights debates and outcomes in the United Kingdom including, in particular, the origins of the Human Rights Act (HRA) (1998). Following a brief ... More


The Child's Right to Privacy and Article 8 European Convention on Human Rights

Kirsty Hughes

in Law and Childhood Studies: Current Legal Issues Volume 14

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199652501
eISBN:
9780191739217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652501.003.0026
Subject:
Law, Family Law, Human Rights and Immigration

This chapter looks at the child's right to privacy. It argues that whilst in theory children have a right to privacy under Article 8 European Convention on Human Rights (ECHR), in practice there is ... More


The Reception Process in Greece and Turkey

İbrahim Özden Kaboğlu and Stylianos-Ioannis G. Koutnatzis

in A Europe of Rights: The Impact of the ECHR on National Legal Systems

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199535262
eISBN:
9780191715723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199535262.003.0008
Subject:
Law, Human Rights and Immigration

This chapter discusses the reception of the ECHR in Greece and Turkey. Both countries ratified the ECHR almost simultaneously in the 50's, without critically and rigorously scrutinizing their ... More


Human Rights

Iain McLean

in What's Wrong with the British Constitution?

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199546954
eISBN:
9780191720031
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546954.003.0011
Subject:
Political Science, Comparative Politics, UK Politics

Creation of the Council of Europe in the shadow of Nuremburg. History of gradual UK incorporation. European Court of Human Rights. Human Rights Act 1998. Human rights and unpopular minorities. Growth ... More


The Reception Process in Russia and Ukraine

Angelika Nußberger

in A Europe of Rights: The Impact of the ECHR on National Legal Systems

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199535262
eISBN:
9780191715723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199535262.003.0010
Subject:
Law, Human Rights and Immigration

This chapter discusses the reception of the ECHR in Russian and Ukraine. Topics covered include the accession and ratification of the ECHR in both countries, the status of ECHR in national law, an ... More


The Evolution of the European Convention on Human Rights and Fundamental Freedoms

Ed Bates

in The Evolution of the European Convention on Human Rights: From Its Inception to the Creation of a Permanent Court of Human Rights

Published in print:
2010
Published Online:
September 2011
ISBN:
9780199207992
eISBN:
9780191728440
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207992.003.0001
Subject:
Law, Human Rights and Immigration, EU Law

This chapter provides an overview of the story of the evolution of the European Convention on Human Rights. It comments on the current crisis facing the Court. It then discusses the origins of the ... More


The Reception Process in France and Germany

Elisabeth Lambert Abdelgawad and Anne Weber

in A Europe of Rights: The Impact of the ECHR on National Legal Systems

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199535262
eISBN:
9780191715723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199535262.003.0003
Subject:
Law, Human Rights and Immigration

This chapter discusses the reception of the ECHR in France and Germany. Although both States have been active supporters of human rights and have been close partners in the construction of Europe, ... More


The Reception Process in Austria and Switzerland

Daniela Thurnherr

in A Europe of Rights: The Impact of the ECHR on National Legal Systems

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199535262
eISBN:
9780191715723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199535262.003.0006
Subject:
Law, Human Rights and Immigration

This chapter discusses the reception of the ECHR in Austria and Switzerland. Topics covered include the accession and ratification of the ECHR in both countries, the status of the ECHR in national ... More


The protection of rights in Britain and the protection of rights in its territories during colonial rule and at independence

Charles O.H. Parkinson

in Bills of Rights and Decolonization: The Emergence of Domestic Human Rights Instruments in Britain's Overseas Territories

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199231935
eISBN:
9780191716157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231935.003.0002
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter sets out the intellectual history of the protection of rights in English constitutional thought from 1689 to present, and how this approach to protecting rights was translated to the ... More


Introduction

Marius Emberland

in The Human Rights of Companies: Exploring the Structure of ECHR Protection

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199289837
eISBN:
9780191700545
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199289837.003.0001
Subject:
Law, Human Rights and Immigration

This book investigates the ways in which human rights articulate with business law and practice, adopting as a facilitatory starting point approaches to the issue common in international law and ... More


Assessing the Impact of the ECHR on National Legal Systems

Helen Keller and Alec Stone Sweet

in A Europe of Rights: The Impact of the ECHR on National Legal Systems

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199535262
eISBN:
9780191715723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199535262.003.0011
Subject:
Law, Human Rights and Immigration

This chapter discusses the impact of the ECHR in 18 national legal orders. Topics covered include the reception of the ECHR into domestic law and practice, inputs into the ECHR legal system ... More


The Reception Process in Poland and Slovakia

Magda Krzyżanowska-Mierzewska

in A Europe of Rights: The Impact of the ECHR on National Legal Systems

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199535262
eISBN:
9780191715723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199535262.003.0009
Subject:
Law, Human Rights and Immigration

This chapter discusses the reception of the ECHR in Poland and Slovakia. Topics covered include the accession and ratification of the ECHR in both countries, the status of ECHR in national law, the ... More


The Death Penalty

Nigel Rodley and Matt Pollard

in The Treatment of Prisoners under International Law

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199693566
eISBN:
9780191807503
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199693566.003.0008
Subject:
Law, Human Rights and Immigration

This chapter deals further with the summary execution of capital punishment or death penalty, which is carried out without regard to the numerous safeguards that international law requires to be ... More


The Reception of the ECHR in National Legal Orders

Alec Stone Sweet and Helen Keller

in A Europe of Rights: The Impact of the ECHR on National Legal Systems

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199535262
eISBN:
9780191715723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199535262.003.0001
Subject:
Law, Human Rights and Immigration

This chapter begins by discussing the European Convention on Human Rights (ECHR). Established in 1953, the ECHR created a basic catalogue of rights binding on the signatories, and new institutions ... More


The Reception Process in Sweden and Norway

Ola Wiklund

in A Europe of Rights: The Impact of the ECHR on National Legal Systems

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199535262
eISBN:
9780191715723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199535262.003.0004
Subject:
Law, Human Rights and Immigration

This chapter discusses the reception of the ECHR in Sweden and Norway. It shows that the true Europeanization of the legal systems of the two countries was initiated in the mid-90's. This legal ... More


The Reception Process in Spain and Italy

Mercedes Candela Soriano

in A Europe of Rights: The Impact of the ECHR on National Legal Systems

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199535262
eISBN:
9780191715723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199535262.003.0007
Subject:
Law, Human Rights and Immigration

This chapter discusses the reception of the ECHR in Spain and Italy. Topics covered include the accession and ratification of the ECHR in both countries, the status of the ECHR in national law, an ... More


Impact on General Principles of Treaty Interpretation

Jonas Christoffersen

in The Impact of Human Rights Law on General International Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

The interpretation of human rights treaties is widely believed to be subject to special rules, deviating from generally accepted interpretative canons of international law. The view is most clearly ... More


Tort Law and the Human Rights Act

Conor Gearty

in Sceptical Essays on Human Rights

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199246687
eISBN:
9780191714603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199246687.003.0013
Subject:
Law, Human Rights and Immigration

In the United Kingdom, the judges have long been engaged in the discharge of functions of a legislative as well as of a judicial character. Indeed, the responsibility of the English judges for the ... More


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