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 Freedom of Expression in Europe written by Mario Oetheimer and published by Council of Europe. This book was released on 2007-01-01 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights has always defended the idea that freedom of expression has an essential role to play in a democratic society, helping to foster the development of an open, tolerant society in which human rights are respected. Freedom of expression is not absolute and unconditional, however; there are certain limits which must be respected. How can racist, xenophobic propaganda be proscribed without trespassing on individual freedom of expression? How can a suspect's right to be presumed innocent be protected without placing restrictions on the public's right to information? Where should we draw the line concerning the criticism of politicians by the media? It is by answering these and many similar questions over a period of almsost fifty years that the European Court of Human Rights has developed its case-law in respect of Article 10 of the European Convention on Human Rights, presented in summary form in this book.
Download or read book Freedom of expression in Europe Case law concerning Article 10 of the European Convention on Human Rights Human rights files No 18 written by and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights has always defended the idea that freedom of expression has an essential role to play in a democratic society, helping to foster the development of an open, tolerant society in which human rights are respected. Freedom of expression is not absolute and unconditional, however; there are certain limits which must be respected.How can racist, xenophobic propaganda be proscribed without trespassing on individual freedom of expression? How can a suspect's right to be presumed innocent be protected without placing restrictions on the public's right to information? Where should we draw the line concerning the criticism of politicians by the media? It is by answering these and many similar questions over a period of almsost fifty years that the European Court of Human Rights has developed its case-law in respect of Article 10 of the European Convention on Human Rights, presented in summary form in this book.
Download or read book Case Law Concerning Article 10 of the European Convention on Human Rights written by and published by . This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Case law Concerning Article 10 of the European Convention on Human Rights written by and published by . This book was released on 1997 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Case law Concerning Article 10 of the European Convention on Human Rights written by and published by . This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Case law Concerning Article 10 of the European Convention on Human Rights written by Directorate of Human Rights and published by . This book was released on 1999 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 365 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 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 201 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 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 Jacobs White Ovey The European Convention on Human Rights written by Robin C A White and published by Oxford University Press, USA. This book was released on 2010-03-18 with total page 718 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The highly experienced and respected authors select the most important case law and give a highly authoritative, concise account of the European Convention on Human Rights. Focuses on the European Convention itself rather than its implementation in any one member state, and so is essential reading for human rights students across Europe. Examines each Convention right in turn, with a newly revised structure to map even more closely to human rights courses. As a lecturer and a practitioner, the authors are perfectly placed to provide up-to-date coverage of Strasbourg case law and explain it in a lively, straightforward manner" -- From publisher's website.
Download or read book The Rule of Law in Europe written by María Elósegui and published by Springer Nature. This book was released on 2021-04-20 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the nature of the challenges that have confronted European democracies in recent years. In the past decade, the rule of law in Europe has been put under strain by both external and internal factors. The term “illiberal democracies” is sometimes used to describe the rise of a phenomenon in which the fundamental values of the European legal order, as enshrined in the European Convention of Human Rights and in the Charter of Fundamental Rights of the European Union, are called into question. The preservation of the independence of the judiciary, of the freedom of expression and the protection of journalists are among the values under threat. But these challenges are also present within the older democracies in which emergency regimes have become more common. As the European Union’s sanctions regime shows, striking a balance between security and the rule of law, of which fundamental rights are an intrinsic part, is a constant challenge. Focusing on the European courts’ responses to these threats, the book discusses how courts could provide the ultimate line of defense. The acid test of the rule of law might indeed be how it safeguards the judicial guarantees designed to protect core European values beyond the discretion of government.
Download or read book European Convention on Human Rights in the Context of the European Union Law written by Sead S. Fetahagić and published by GRIN Verlag. This book was released on 2017-03-14 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2003 in the subject Politics - Topic: Public International Law and Human Rights, grade: 8/10, University of Sarajevo (Centre for Interdisciplinary Postgraduate Studies), course: European Studies, language: English, abstract: The paper offers a review of a parallel development of two distinct but increasingly overlapping systems of the protection of human rights, the one under the auspices of the Council of Europe and its European Convention on Human Rights and the other integrated within the Community Law of the European Communities and later the European Union. The former established the individual citizen as the subject of international law, who may seek protection for alleged violations of his/her rights directly from the European Court of Human Rights in Strasbourg. This system operates relatively efficiently since it is based on the largely universally accepted political principles of democracy and human rights by all member states of the Council of Europe. In contrast, the Community Law system is concerned more with economic and social rights of the European Union citizens. Given a specific supra-national legal system of the European Union some of its norms may collide with the European Convention on Human Rights as well as with national constitutions of EU member states. Under the doctrine of "surrendered sovereignty" the European Court of Justice is authorized to issue direct orders to national courts when applying the Community Law. This is not the case with the European Court of Human Rights, which can act only on an individual case-to-case basis without giving preliminary judgements on national laws in general. Moreover, the two courts gave different interpretations of certain provisions of the European Convention on Human Rights in the past and issued contradictory judgements. To avoid such problems, some have proposed an idea that, despite the fact that all EU member states have signed the European Convention on Human Rights, the European Union as an entity should do the same in order to ensure uniformity of legal interpretations and judicial practice, which again raises questions on the legal nature of the European Union.
Download or read book Europe of Rights A Compendium on the European Convention of Human Rights written by Javier García Roca and published by Martinus Nijhoff Publishers. This book was released on 2012-03-20 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a systematic commentary on half a century of case law on the Convention system made by a group of legal experts from various universities and legal disciplines. It provides a guide of the rights protected under ECHR as well as a better understanding, open to supranational scenarios, of fundamental rights in the respective Constitutions. Our intention is not only to make available a mere case law commentary. This work indeed offers succinct information on the most consolidated lines of case law and this is probably where it is most useful. Nevertheless there is also academic reflection, which we believe is nowadays essential as Europe is becoming more than a continent: it is, above all, a civilisation, with a common language of rights, a developing ius commune.
