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The Convergence of the Fundamental Rights Protection in Europe (Hardcover, 1st ed. 2016)
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The Convergence of the Fundamental Rights Protection in Europe (Hardcover, 1st ed. 2016)
Series: Ius Gentium: Comparative Perspectives on Law and Justice, 52
Expected to ship within 12 - 17 working days
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The book gives insight into the structures and developments of the
fundamental rights protection in Europe which is effective at the
levels of the national Constitutions, the European Convention of
Human Rights and, for the EU member States of the EU Fundamental
Rights Charter. The contributions of renowned academics from
various European countries demonstrate the functional
interconnection of these protection systems which result in an
increasing convergence. Basic questions are reflected, such as
human dignity as foundation of fundamental rights or positive
action as a specific form of equality as well as the concept of
rights convergence. In this latter contribution the forms of direct
reception of a different legal order and of the functional transfer
of principles and concepts are analyzed. Particular reference is
made to the EU Charter, the United Kingdom Human Rights Act as well
as to France and Germany. It becomes obvious how important
interpretation is for the harmonization of national and
conventional fundamental rights protection. Traditional
institutional approaches like the dualist transformation concept in
Germany are functionally set aside in the harmonization process
through constitutional interpretation. Specific studies are
dedicated to the field of the EU Fundamental Rights Charter and to
the European impacts on the national fundamental rights protection
in selected countries such as the "new democracies" Poland, Romania
and Kosovo as well as more traditional systems such as Spain,
Italy, the Nordic countries or Turkey.
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