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European Court of Human Rights

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Articles 121 - 132 of 132

Full-Text Articles in Human Rights Law

The European Court Of Human Rights’ Jurisprudence On Issues Of Forced Disappearances, Gobind Singh Sethi Jan 2001

The European Court Of Human Rights’ Jurisprudence On Issues Of Forced Disappearances, Gobind Singh Sethi

Human Rights Brief

No abstract provided.


Uses And Misuses Of Comparative Law In International Human Rights: Some Reflections On The Jurisprudence Of The European Court Of Human Rights, Paolo G. Carozza Jul 1998

Uses And Misuses Of Comparative Law In International Human Rights: Some Reflections On The Jurisprudence Of The European Court Of Human Rights, Paolo G. Carozza

Journal Articles

Virtually all of Mary Ann Glendon's work can be seen as part of a persistent effort to open some windows in the edifice of American law and allow cross-currents of foreign experience to blow fresh insight into the rooms of our republic. In her critique of contemporary strains of rights discourse in the United States, she makes the case against American insularity quite directly: "In closing our own eyes and ears to the development of rights ideas elsewhere, our most grievous loss is ... the kind of assistance ... that can be gained from observing the successes and failures of …


The European Human Rights Convention: A New Court Of Human Rights In Strasbourg As Of November 1, 1998, Andrew Drzemczewski Jun 1998

The European Human Rights Convention: A New Court Of Human Rights In Strasbourg As Of November 1, 1998, Andrew Drzemczewski

Washington and Lee Law Review

No abstract provided.


The Moral Economy Of The Purchase Of Freedom: Ethical Lessons From The Slave Narratives, Lea Vandervelde May 1996

The Moral Economy Of The Purchase Of Freedom: Ethical Lessons From The Slave Narratives, Lea Vandervelde

Cardozo Law Review

In his contribution to this symposium, Richard Weisberg tells us a subtle story of what he calls "twin hermeneutics." I will use one of these-"the hermeneutic of acceptance"-to launch my own discussion on the subject of ethical dilemmas. By this term, "the hermeneutic of acceptance," Weisberg means the gradual acceptance by French lawyers of the scheme of racial exclusion newly created by Vichy laws. He traces the digression in legal arguments made by French lawyers during the four years of Vichy rule. French lawyers loaned their prestige to these new laws by means which placed their legal arguments on a …


Limiting The Limitations On Political Speech, Zeev Segal Jan 1996

Limiting The Limitations On Political Speech, Zeev Segal

Human Rights Brief

No abstract provided.


The United Kingdom, The European Court Of Human Rights, And Constitutional Review, A. W. Bradley Dec 1995

The United Kingdom, The European Court Of Human Rights, And Constitutional Review, A. W. Bradley

Cardozo Law Review

The aim of this Article is to consider whether there is now in the United Kingdom the embryo of a procedure for constitutional review that results from the United Kingdom's adherence to the European Convention on Human Rights as well as the burgeoning case law being developed by the European Court of Human Rights. To the extent that such an embryo exists, I hope to show that this is a development which has not been directly willed by the United Kingdom Parliament, nor by successive United Kingdom governments. Assuming that this process deserves to be described as piecemeal constitution making, …


Democracy And Pluralism: A Critique Of The Rationalist Approach, Chantal Mouffe Mar 1995

Democracy And Pluralism: A Critique Of The Rationalist Approach, Chantal Mouffe

Cardozo Law Review

In recent decades, categories like ,"human nature," "universal reason," and "rational autonomous subject" increasingly have been questioned. From different standpoints, a variety of thinkers have criticized the ideas of a universal human nature, of a universal canon of rationality through which that human nature could be known, as well as the possibility of an unconditional universal truth. Such a critique of Enlightenment's universalism and rationalism, which is sometimes referred to as "postmodernism," has been presented by some authors, for example, Jirgen Habermas, as constituting a threat to the modem democratic project. They consider that the link existing between the democratic …


Europeans Disagree Over Human Rights Conditions At Home, Peter H. Backes Jan 1995

Europeans Disagree Over Human Rights Conditions At Home, Peter H. Backes

Human Rights Brief

No abstract provided.


Defender Or Offender: America's Role In The Protection Of International Human Rights?, Kimberly Satterwhite Jan 1994

Defender Or Offender: America's Role In The Protection Of International Human Rights?, Kimberly Satterwhite

University of Richmond Law Review

The recent caning of an eighteen year old American student by officials in Singapore sparked much debate over the appropriateness of corporal punishment in criminal cases. Many Americans question the humaneness of criminal penalties imposed in foreign lands. While quick to identify human rights violations around the world, the United States government has been reluctant to concede that abuses occur within the American-criminaljustice system.


Human Rights V. Extradition: The Soering Case, Stephan Breitenmoser, Gunter E. Wilms Jan 1990

Human Rights V. Extradition: The Soering Case, Stephan Breitenmoser, Gunter E. Wilms

Michigan Journal of International Law

The European Convention for the Protection of Human Rights and Fundamental Freedoms is widely regarded as the most dynamic and effective of the various international human rights instruments. Its impact on the judiciary of the twenty-three Western European Member States, as well as its pace-setting role for other international mechanisms for the protection of human rights, has recently been confirmed by the unanimous judgment of the European Court of Human Rights in Soering v. United Kingdom. In its judgment delivered on July 7, 1989, the Court held that the United Kingdom would act in violation of article 3 of …


Coherence And The European Court Of Human Rights: The Adjudicative Background To The Soering Case, Colin Warbrick Jan 1990

Coherence And The European Court Of Human Rights: The Adjudicative Background To The Soering Case, Colin Warbrick

Michigan Journal of International Law

On January 1, 1990, the Eighth Protocol to the European Convention on Human Rights came into force. This Protocol makes some amendments to the structure and procedure set out in the Convention itself. The need for reform was created by the increasing workload of the institutions, which had reached such a level that the backlog of applications before the Commission would have continued to increase at a greater rate than the Commission's capacity to dispose of them. There are several reasons for this overwhelming burden. The acceptances by States of the right of individual application under article 25 have been …


The Sunday Times Case: Freedom Of The Press And Contempt Of Court Under English Law And The European Human Rights Convention, Nathaniel L. Nathanson Jan 1980

The Sunday Times Case: Freedom Of The Press And Contempt Of Court Under English Law And The European Human Rights Convention, Nathaniel L. Nathanson

Kentucky Law Journal

No abstract provided.