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Books > Law > International law > Settlement of international disputes > International courts & procedures
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The Concept of the Rule of Law and the European Court of Human Rights (Hardcover)
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The Concept of the Rule of Law and the European Court of Human Rights (Hardcover)
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This book analyses the concept of the rule of law in the context of
international law, through the case law of the European Court of
Human Rights. It investigates how the court has defined and
interpreted the notion of the rule of law in its jurisprudence. It
places this analysis against a background of more theoretical
accounts of the idea of the rule of law, drawing in ideas of
political philosophy. It also provides a comparative assessment,
demonstrating how the idea of the rule of law has evolved in the
UK, France, and Germany. The book argues that at the core of the
concept of the rule of law are the notions of legality and judicial
safeguards. It states that the Court has developed the requirements
of legality, which the work analyses in detail, based on that
concept. It assesses the independence of the judiciary as an aspect
of the rule of law in the context of the European Convention on
Human Rights, and the relationship between the rule of law and the
substantive contents of law. The book posits that the rule of law
as seen at the Court is not mainly utilised with regard to
'freedom' rights, but is more concerned with procedural rights. It
discusses the relationship between the rule of law and the view of
the Convention as a constitutional instrument of the European
public order, and shows that the rule of law and democracy are
inextricably linked in the case law of the Court. Ultimately, the
book demonstrates in its analysis of the Court's jurisprudence that
the notion of the rule of law is a crucial part of the
international legal order.
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