In fundamental rights adjudication, a court first has to determine
whether the interest at stake falls within the scope of the
fundamental right invoked. Whether or not an individual interest
falls within the scope or ambit of one of the fundamental rights
protected by the European Convention on Human Rights determines
whether or not the European Court of Human Rights can decide on the
merits of a case. This volume brings together a variety of legal
scholars in order to examine the scope of fundamental rights.
Topics range from the nature of human rights and the real or
imagined risk of rights inflation to theories of positive
obligations and social and economic rights. It contains
contributions of a theoretical nature as well as analytical
overviews of the ECtHR's approach. In addition, comparisons are
made with domestic, EU and international law.
General
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