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Articles 13 and 35(1), Subsidiarity, and the Effective Protection of European Convention Rights in National Law

Abstract:

The ‘effective remedy’ requirement in Articles 13 and 35(1) of the European Convention on Human Rights prescribes minimum levels of protection for Convention rights at national level, subject to the constraint that incorporation of the Convention is not required. It is underpinned by subsidiarity as a rationale, and provides constraints on any signatory state which seeks to reduce the level of protection in its national law. In particular, Article 13 requires that judicial review before natio...

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Publication status:
Published
Peer review status:
Peer reviewed
Version:
Accepted manuscript

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Department:
Oxford, SSD, Law, Law Faculty
Role:
Author
Publisher:
Sweet and Maxwell Publisher's website
Journal:
European Human Rights Law Review Journal website
Volume:
2016
Issue:
5
Pages:
501-517
Publication date:
2016-09-01
Acceptance date:
2016-08-26
ISSN:
1361-1526
Pubs id:
pubs:641089
URN:
uri:bbacba41-f1bd-42e9-8832-abaa042e4d4c
UUID:
uuid:bbacba41-f1bd-42e9-8832-abaa042e4d4c
Local pid:
pubs:641089
Paper number:
5

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