Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Download or read book Human Rights in the Council of Europe and the European Union written by Steven Greer and published by Cambridge University Press. This book was released on 2018-03-29 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.
Download or read book The European Convention on Human Rights written by William A. Schabas and published by Oxford University Press. This book was released on 2015-09-24 with total page 1433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.
Download or read book Offend Shock or Disturb written by Gautam Bhatia and published by Oxford University Press. This book was released on 2016-01-14 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offend, Shock, or Disturb is a comprehensive examination of free speech under the Indian Constitution. It explores Indian free speech jurisprudence from a doctrinal, comparative, and philosophical perspective. Taking as its point of departure the constitutional guarantee of the freedom of speech and expression—Articles 19(1)(a) and 19(2) of the Constitution of India—the book discusses, clause by clause, the development of law from colonial times to present-day controversies. Issues relating to public order, sedition, obscenity and pornography, hate speech, film and online censorship, privacy and defamation, the contempt of court, the nature of speech and the relationship between free speech and economic structure, and the inter-relationships between them have been comprehensively examined. As free speech campaigns gain intensity by the day, the book presents the myriad understandings and limitations of the free speech law, and suggests possible pathways for the future.
Download or read book Introduction to the European Convention on Human Rights written by Jean-François Renucci and published by Council of Europe. This book was released on 2005-01-01 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.
Download or read book Human rights and criminal procedure written by Jeremy McBride and published by Council of Europe. This book was released on 2018-06-18 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical tool for legal professionals who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.
Download or read book Case Law Concerning Article 10 of the European Convention on Human Rights written by Council of Europe. Directorate of Human Rights and published by Council of Europe. This book was released on 2001-01-01 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: A. In the press
Download or read book The European Court of Human Rights written by Helmut P. Aust and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
Download or read book The Universal Declaration of Human Rights written by and published by . This book was released on 1978 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book European Media Law written by Oliver Castendyk and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 1428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supplies an in-depth commentary on EU media law, with detailed analysis of all important legislation and court decisions. It leads European lawyers with vast knowledge and practical experience of media law provide detailed expert commentary.
Download or read book Counter Terrorism and Human Rights in the Case Law of the European Court of Human Rights written by Ana Salinas de Frias and published by Council of Europe. This book was released on 2013-04-01 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.
Download or read book Freedom of Expression written by Michel Verpeaux and published by Council of Europe. This book was released on 2010-01-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of expression is not absolute, even although it is a fundamental right enshrined in the European Convention on Human Rights. Under the terms of the Article 10 of the Convention, its exercise may be subject to such restrictions as are prescribed by law and are "necessary in a democratic society" in order to uphold the rights of all individuals. The author compares and analyses the protection of and limits on the right to freedom of expression in the case law of European constitutional courts and the European Court of Human Rights, drawing on practical examples, to see whether a common European approach exists in this area.
Download or read book Courts Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Download or read book Implementation of the European Convention on Human Rights and of the Judgments of the ECtHR in National Case law written by Janneke Gerards and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book questions the correctness of these assumptions and aims for further study of them. This is done by disentangling and illuminating the different elements underlying the interrelationship between the Court and the national courts. The objective is to distinguish between the requirements set by the Court; the constitutional powers and competences of national courts to interpret and apply international law, in particular the Convention; the way in which these courts actually use these competences to deal with the Court's interpretative approaches; and the type of criticism that is levelled at the Court's case-law. These elements are studied from the perspective of the Court as well as from a national perspective, in particular for Belgium, France, Germany, the Netherlands, Sweden and the United Kingdom. Analysing these elements separately enables a fruitful assessment of their interrelationship and provides a sound basis for a constructive debate on the implementation of the Convention in national law, which is based on solid constitutional foundations rather than assumptions and intuitions. The current book is therefore of great interest to those who are interested in debates on the interrelationship between the Court and the states - scholars, as well as judges, policy makers and politicians - but also to those who take a more general interest in constitutional implementation mechanisms, judicial powers and judicial argumentation.
Download or read book National Security and the European Convention on Human Rights written by Iain Cameron and published by BRILL. This book was released on 2021-11-22 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary aim of this study as a whole is to examine how useful a safeguard the Convention is, and can be, in the sensitive area of national security law and practice. The first part of the book consists of an examination of the national security concept generally in the Convention and the context of national security concerns in European states. The second part of the book is devoted to detailed studies of secret surveillance and security data registers, both of the court and commission's case law and of national laws in the field. The third part of the book consists of an article-by-article analysis of the case law of the commission and the court dealing with national security. The book is of interest to academics, practising lawyers and legislators interested in human rights and national security issues.
Download or read book Cultural Heritage in the European Union written by Andrzej Jakubowski and published by BRILL. This book was released on 2019-05-15 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.
Download or read book A Farewell to Fragmentation written by Mads Tønnesson Andenæs and published by Cambridge University Press. This book was released on 2015-10-09 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.
