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    Harris, O'Boyle & Warbrick : law of the European Convention on Human Rights / David Harris LLM, PHD, CMG, Emeritus Professor in Residence, and Co-Director, Human Rights Law Centre, University of Nottingham ; Michael O'Boyle LLB, LLM, LLD(HON), Deputy Registrar of the European Court of Human Rights (2006-2015) ; Ed Bates LLB, LLM, PHD, Associate Professor, School of Law, University of Leicester ; Carla Buckley LLB, LLM, Research Fellow, Human Rights Law Centre, University of Nottingham.

    • Title:Harris, O'Boyle & Warbrick : law of the European Convention on Human Rights / David Harris LLM, PHD, CMG, Emeritus Professor in Residence, and Co-Director, Human Rights Law Centre, University of Nottingham ; Michael O'Boyle LLB, LLM, LLD(HON), Deputy Registrar of the European Court of Human Rights (2006-2015) ; Ed Bates LLB, LLM, PHD, Associate Professor, School of Law, University of Leicester ; Carla Buckley LLB, LLM, Research Fellow, Human Rights Law Centre, University of Nottingham.
    •    
    • Variant Title:Law of the European Convention on Human Rights
    • Author/Creator:Harris, D. J. (David John), author.
    • Other Contributors/Collections:O'Boyle, M. (Michael), author.
      Bates, Ed, author.
      Buckley, Carla, author.
    • Published/Created:Oxford, United Kingdom : Oxford University Press, [2018]
    • Holdings

       
    • Library of Congress Subjects:Human rights--Europe.
    • Subject(s):Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5)
    • Edition:Fourth edition.
    • Description:lxv, 986 pages ; 25 cm
    • Summary:Now in its fourth edition, 'Law of the European Convention on Human Rights' remains an indispensable resource for undergraduates, postgraduates, and practitioners alike. The new edition builds on the strengths of previous editions, providing an up-to-date, clear, and comprehensive account of Strasbourg case law and its underlying principles. It sets out and critically analyses each Convention article (including those addressed by relevant Protocols), and thoroughly examines the system of supervision. The book also addresses the pressures and challenges facing the Strasbourg system in the twenty-first century.
    • Notes:"Chapter 2 by Paul Harvey, LLB, PHD, Barrister, Doughty Street Chambers and Advocate, Arnot Manderson Advocates; chapter 3 by KreeĢsimir Kamber, PHD, Registry Lawyer, European Court of Human Rights; chapter 11 by Michelle Lafferty LLB, LLM, MA, Registry Lawyer, European Court of Human Rights; chapter 12 by Peter Cumper LLB, LLM, Professor of Law, University of Leicester; chapter 22 by Heather Green LLB, PHD, Senior Lecturer, University of Aberdeen."
      Includes bibliographical references and index.
    • ISBN:9780198785163
      019878516X
    • Contents:Machine generated contents note: 1. European Convention On Human Rights In Context
      1. Background
      2. Substantive Guarantee
      3. Strasbourg Enforcement Machinery
      4. Interpretation of the Convention
      5. Negative and Positive Obligations and Drittwirkung
      6. Reservations
      7. Convention in National Law
      8. Convention and the European Union
      9. Achievements and Prospects
      2. Admissibility Of Applications
      1. General Approach to Admissibility
      2. Application of Admissibility Requirements to Inter-State Cases
      3. Exhaustion of Domestic Remedies
      4. Six-Month Rule
      5. Other Grounds of Inadmissibility
      6. Incompatibilty and the Competence of the Court
      3. European Court Of Human Rights: Organization, Practice, And Procedure
      1. Organization of the Court
      2. Procedure Before the Court (I): From the Initial Application to Judgment
      3. Procedure Before the Court (II): Additional Procedural Matters
      4. Article 41: Just Satisfaction
      5. Article 46
      6. Protocol 14
      7. Reform of the Court
      8. Future
      4. Execution Of The Court's Judgments
      1. Role of the Committee of Ministers
      2. Procedure
      3. Court and Execution of Its Judgments
      4. Parliamentary Assembly and Execution of Judgments
      5. Protocol 14
      6. Conclusion
      5. Article 2: The Right To Life
      1. Obligation to Protect the Right to Life by Law
      2. Prohibition of the Taking of Life by the Use of Force
      3. Conclusion
      6. Article 3: Freedom From Torture Or Inhuman Or Degrading Treatment Or Punishment
      1. Introduction
      2. Torture
      3. Inhuman Treatment
      4. Inhuman Punishment
      5. Degrading Treatment
      6. Degrading Punishment
      7. Obligation to Protect from Proscribed Ill-Treatment
      8. Conclusion
      7. Article 4: Freedom From Slavery, Servitude, Or Forced Or Compulsory Labour
      1. Freedom from Slavery and Servitude
      2. Freedom from Forced or Compulsory Labour
      3. Human Trafficking
      4. Positive Obligations
      5. Deportation or Extradition to another State
      6. Conclusion
      8. Article 5: The Right To Liberty And Security Of The Person
      1. Article 5: Generally
      2. Meaning of Arrest or Detention (ie Loss of 'Liberty')
      3. Loss of Liberty: Further Issues
      4. Overarching Principles: 'Lawfulness' of Detention and Protection from Arbitrary Detention
      5. Article 5(1)(a)-(f): Grounds for Detention
      6. Article 5(2): Reasons for Arrest to be Given Promptly
      7. Article 5(3): Accountability During Pre-Trial Detention and Trial within a Reasonable Time
      8. Article 5(4): Remedy to Challenge the Legality of Detention
      9. Article 5(5): Right to Compensation for Illegal Detention
      10. Conclusion
      9. Article 6: The Right To A Fair Trial
      1. Article 6: Generally
      2. Field of Application
      3. Article 6(1): Guarantees in Criminal and Non-Criminal Cases
      4. Article 6(2): The Right to be Presumed Innocent in Criminal Cases
      5. Article 6(3): Further Guarantees in Criminal Cases
      6. Conclusion
      10. Article 7: Freedom From Retroactive Criminal Offences And Punishment
      1. Ex Post Facto Criminal Offences
      2. Ex Post Facto Criminal Penalties
      3. General Principles of Law Exception
      11. Article 8: The Right To Respect For Private And Family Life, Home, And Correspondence
      1. Introduction
      2. Four Interests Protected by Article 8(1)
      3. Negative, Positive, and Procedural Obligations
      4. Review of Case Law by Subject Area
      5. Conclusion
      12. Article 9: Freedom Of Thought, Conscience, And Religion
      1. Scope of Article 9
      2. Freedom of Thought, Conscience, and Religion: The Right to Believe
      3. Freedom of Thought, Conscience, and Religion: The Individual, The Group, and the State
      4. Manifesting Religion or Belief in Worship, Teaching, Practice, and Observance
      5. Justifiable Interferences
      6. Conclusion
      13. Article 10: Freedom Of Expression
      1. Introduction
      2. Scope of Protection
      3. Different Categories of Expression
      4. Different Means of Expression
      5. Prescribed by Law
      6. Legitimate Aims
      7. Duties and Responsibilities Under Article 10(2)
      8. Distinct Methodologies and Principles Developed to Examine Issues of Defamation
      9. Conclusion
      14. Article 11: Freedom Of Assembly And Association
      1. Introduction
      2. Freedom of Peaceful Assembly
      3. Freedom of Association
      4. Freedom to Form and Join Trade Unions
      5. Conclusion
      15. Article 12: The Right To Marry And To Found A Family
      1. Introduction
      2. Right to Marry
      3. Right to Found a Family
      4. Non-Married Persons
      5. Conclusion
      16. Article 13: The Right To An Effective National Remedy
      1. Introduction
      2. Article 13 within the General Scheme of the Convention
      3. Article 13: General Principles/Requirements of an 'Effective Remedy'
      4. Article 13: General Principles/Requirements in Specific Contexts
      5. Conclusion
      17. Article 14 (Freedom From Discrimination In Respect Of Protected Convention Rights) And Protocol 12 (Non-Discrimination In Respect Of 'any Right Set Forth By Law')
      1. Introduction
      2. Overview of the Application of Article 14
      3. Protection for Guaranteed Rights Only and the Ambit Test
      4. Differential Treatment on a Prohibited Ground
      5. Differential Treatment may be Justified on Objective and Reasonable Grounds
      6. Intensive Scrutiny of Differential Treatment for 'Suspect Categories'
      7. Article 14, the Burden of Proof, and the Protection of Minorities
      8. Article 14 and Violence Motivated by Discrimination
      9. Indirect Discrimination
      10. Positive Obligations to Protect Against Discrimination and Reverse Discrimination
      11. Protocol 12
      12. Conclusion
      18. Article 15: Derogation In Time Of War Or Other Public Emergency Threatening The Life Of The Nation
      1. Introduction
      2. Need to Resort to Article 15 (Modification of Convention Standards in Certain Contexts)
      3. General Pattern of Article 15
      4. 'In Time of War or other Public Emergency Threatening the Life of the Nation'
      5. 'Measures...to the Extent Strictly Required by the Exigencies of the Situation...'
      6. Other International Law Obligations
      7. Article 15(2): The Non-Derogable Provisions
      8. Article 15(3): The Procedural Requirements
      9. Proposals for Reform
      10. Conclusion
      19. Articles 16-18: Other Restrictions Upon The Rights Protected
      1. Article 16: Restrictions on the Political Rights of Aliens
      2. Article 17: Restrictions on Activities Subversive of Convention Rights
      3. Article 18: Prohibition of the Use of Restrictions for an Improper Purpose
      20. Article 1, First Protocol: The Right To Property
      1. Introduction
      2. Structure of Article 1, First Protocol, and the Inter-Relationship of Its Provisions
      3. Article 1/1/1: Interference with the Peaceful Enjoyment of Possessions
      4. Article 1/1/2: Deprivation of Property
      5. Article 1/2: Control of Use
      6. Conclusion
      21. Article 2, First Protocol: The Right To Education
      1. Introduction
      2. No Denial of the Right to Education
      3. Respect for Parents' Religious and Philosophical Convictions
      4. Discrimination and Minority Rights
      5. Conclusion
      22. Article 3, First Protocol: The Right To Free Elections
      1. Introduction
      2. General Principles of Free Elections Jurisprudence
      3. Scope of the Electoral Rights: Legislative Elections
      4. Right to Vote
      5. Right to Stand for Election
      6. Conduct and Administration of Elections
      7. Electoral Appeals and Challenges
      8. Electoral Systems
      9. Election Broadcasting and Media Coverage of Elections
      10. Conclusion
      23. Fourth, Sixth, Seventh, And Thirteenth Protocols
      1. Article 1, Fourth Protocol: Freedom from Imprisonment for Non-Fulfilment of a Contractual Obligation
      2. Article 2, Fourth Protocol: Freedom of Movement Within a State and Freedom to Leave Its Territory
      3. Article 3, Fourth Protocol: The Right of a National not to be Expelled from and to Enter a State's Territory
      4. Article 4, Fourth Protocol: Freedom of Aliens from Collective Expulsion
      5. Sixth and Thirteenth Protocols: The Death Penalty
      6. Article 1, Seventh Protocol: Freedom from Expulsion of Individual Aliens
      7. Article 2, Seventh Protocol: The Right to Review in Criminal Cases
      8. Article 3, Seventh Protocol: Right to Compensation for Miscarriages of Justice
      9. Article 4, Seventh Protocol: Ne bis in idem
      10. Article 5, Seventh Protocol: Equality of Rights of Spouses.
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