Fair balance : proportionality, subsidiarity and primarity in the European Convention on Human Rights
Author(s)
Bibliographic Information
Fair balance : proportionality, subsidiarity and primarity in the European Convention on Human Rights
（International studies in human rights, v. 99）
M. Nijhoff, 2009
- : hardback
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Note
Bibliography: p. [579]-653
Includes indexes
Description and Table of Contents
Description
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.
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.
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