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National supreme courts and the development of ECHR rights

Abstract:

The evolution of rights under the European Convention on Human Rights (ECHR) has in recent years engendered the question of how far national supreme courts ought to go in interpreting the Convention standards evolutively. Should national courts, in other words, play an active role in the development of the Convention, or must they defer this development to the Court? Examining the jurisprudence of national supreme courts in the U.K., France, and Germany, the present article examines this ques...

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Publication status:
Published

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Publisher copy:
10.1093/icon/mor018

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Institution:
University of Oxford
Department:
Oxford, SSD, Law, Law Faculty
Journal:
ICON-INTERNATIONAL JOURNAL OF CONSTITUTIONAL LAW
Volume:
9
Issue:
1
Pages:
5-31
Publication date:
2011-01-05
DOI:
EISSN:
1474-2659
ISSN:
1474-2640
URN:
uuid:4fa041e9-04f6-4a42-a02a-cf341ac4a0b5
Source identifiers:
453431
Local pid:
pubs:453431
Language:
English

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