
General Principles of the European Convention on Human Rights
Janneke Gerards(Author)
Cambridge University Press
2nd Edition
Published on 13. July 2023
Book
Hardback
406 pages
978-1-316-51753-6 (ISBN)
Description
The European Convention on Human Rights is one of the world's most important and influential human rights documents. It owes its value mainly to the European Court of Human Rights, which applies the Convention rights in individual cases. This book offers insight into the concepts and principles that are key to understanding the European Convention and the Court's case law. It explains how the Court approaches its cases and its decision-making process, illustrated by numerous examples taken from the Court's judgments. Core issues discussed include types of Convention rights (such as absolute rights); the structure of the Court's Convention rights review; principles and methods of interpretation (such as common-ground interpretation and the use of precedent); positive and negative obligations; vertical and horizontal effect; the margin of appreciation doctrine; and the requirements for the restriction of Convention rights.
More details
Edition
2nd Revised edition
Language
English
Place of publication
Cambridge
United Kingdom
Edition type
Revised edition
Product notice
sewn/stitched
Cloth over boards
Illustrations
Worked examples or Exercises
Dimensions
Height: 248 mm
Width: 177 mm
Thickness: 28 mm
Weight
832 gr
ISBN-13
978-1-316-51753-6 (9781316517536)
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Schweitzer Classification
Other editions
Additional editions

Janneke Gerards
General Principles of the European Convention on Human Rights
Book
07/2023
2nd Edition
Cambridge University Press
€44.00
Available immediately

Janneke Gerards
General Principles of the European Convention on Human Rights
E-Book
06/2023
2nd Edition
Cambridge University Press
€40.49
Available for download
Person
Janneke Gerards is professor of fundamental rights law at Utrecht University and Dean of the Legal Research Master. Her research focuses on European and national fundamental rights law, equal treatment law, judicial review, constitutional law and new technologies. Her activities outside the university include being a deputy Judge in the Appeals Court of The Hague. She is also a member of the Netherlands State Committee against Discrimination and Racism and of the Advisory Board of the Netherlands Human Rights Institute. Since 2015, Janneke Gerards is a member of the Royal Netherlands Academy of Arts and Sciences.
Content
1. The basics of the convention system; 2. The Court's overall argumentative approach - mediating between the abstract and the concrete; 3. Principles governing the interpretation and application of convention rights; 4. Methods of convention interpretation; 5. Positive and negative obligations; 6. Vertical and horizontal effect; 7. The margin of appreciation doctrine; 8. Justification of restrictions I - lawfulness; 9. Justification of restrictions II - legitimate aim; 10. Justification of restrictions III - necessity, proportionality and fair balance.