Fair Balance: Proportionality, Subsidiarity and Primarity in the European Convention on Human Rights

Author:   Jonas Christoffersen
Publisher:   Brill
Volume:   99
ISBN:  

9789004170285


Pages:   670
Publication Date:   02 June 2009
Format:   Hardback
Availability:   In Print   Availability explained
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Fair Balance: Proportionality, Subsidiarity and Primarity in the European Convention on Human Rights


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Overview

Set against previous stages of minority protection under international law, this book discusses the role of courts and court-like bodies – particularly in the Americas, Africa and Europe – in articulating and accommodating the interests and needs of ethno-cultural minority groups as part of the human rights discourse. Conceptually, it exposes different moments of intervention by such bodies involving the recognition of group existence or identity, the adjustment of human rights norms to accommodate the group’s perspectives, the establishment of processes designed to address the complexities resulting from competing claims, and the expansion of procedural avenues within litigation. The result is a fresh comparative – practical and theoretical – perspective on international jurisprudence as an emerging distinctive component in the complex history of the field.

Full Product Details

Author:   Jonas Christoffersen
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   99
Dimensions:   Width: 16.00cm , Height: 4.10cm , Length: 24.00cm
Weight:   1.331kg
ISBN:  

9789004170285


ISBN 10:   9004170286
Pages:   670
Publication Date:   02 June 2009
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Table of Contents; Table of figures; Foreword; Preface; Chapter 1 Introduction; Chapter 2 The principle of proportionality; Chapter 3 The principle of subsidiarity; Chapter 4 The principle of primarity (formal aspect); Chapter 5 The principle of primarity (substantive aspect); Bibliography; Index of cases; Index.

Reviews

Jonas Christoffersen's book is undoubtedly one of the most important publications on the Convention and the Court in recent years. Such is his mastery of both the details and the overall picture that he exhibits a keen sense of what is the reality of the Strasbourg mechanisms. As the author discusses and appraises these major notions, he brings a fresh, coherent and innovative order into well-known battle zones. Again and again I have found his views helpful and realistic, sometimes challenging, but always well worth studying. Given the breadth of Christoffersen's ambition, one could always find points to quibble about. But there is no doubt that this is an enriching and immensely learned book. Past president of the European Court, professor Luzius Wildhaber.


Jonas Christoffersen's book is undoubtedly one of the most important publications on the Convention and the Court in recent years. Such is his mastery of both the details and the overall picture that he exhibits a keen sense of what is the reality of the Strasbourg mechanisms. As the author discusses and appraises these major notions, he brings a fresh, coherent and innovative order into well-known battle zones. Again and again I have found his views helpful and realistic, sometimes challenging, but always well worth studying. Given the breadth of Christoffersen's ambition, one could always find points to quibble about. But there is no doubt that this is an enriching and immensely learned book. Past president of the European Court, professor Luzius Wildhaber.


“Jonas Christoffersen’s book is undoubtedly one of the most important publications on the Convention and the Court in recent years. Such is his mastery of both the details and the overall picture that he exhibits a keen sense of what is the reality of the Strasbourg mechanisms. As the author discusses and appraises these major notions, he brings a fresh, coherent and innovative order into well-known battle zones. Again and again I have found his views helpful and realistic, sometimes challenging, but always well worth studying. Given the breadth of Christoffersen’s ambition, one could always find points to quibble about. But there is no doubt that this is an enriching and immensely learned book.” Past president of the European Court, professor Luzius Wildhaber.


Author Information

Jonas Christoffersen, Dr. jur., Executive Director of the Danish Institute of Human Rights. He has published extensively on human rights law and has profes­sional experience as attorney, law clerk at the Danish Supreme Court, judge at the Danish High Court, and Ass. Professor of International Human Rights Law at Co­penhagen University.

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