Protection of property rights within the European Convention on Human Rights
著者
書誌事項
Protection of property rights within the European Convention on Human Rights
Ashgate, c2004
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注記
Includes bibliographical references (p. [261]-269) and index
内容説明・目次
内容説明
This work discusses the concept of property as a human right within the context of the European Convention on Human Rights. Within the last two decades, the Article established by the Convention has become a significant human rights instrument for member states of the Convention, with some 40 countries subject to the European Court of Human Rights on cases affecting the pecuniary rights of individuals. The author argues that a theoretical framework is required in order to clarify how far the Convention allows public authorities to interfere with property rights. The book addresses a number of issues, including the following questions: What is property?; Is property a human right?; How are rights to property limited?; How far can public authorities legitimately interfere with human rights? In order to do this, the author examines case law of the Convention organs and reflects on the results of cases in the light of the theoretical framework that has been established.
目次
- Theoretical Aspects of Property Rights: What is property? - Definition of constitutional property
- Is property a human right? - Moral justifications for property rights. Limitation of property rights: Property Rights Under The European Convention on Human Rights - Background to the right to property under the ECHR
- Property rights under the ECHR
- Interference with property rights under the ECHR
- The relations between P1-1 and other articles of the convention.
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