Fair Balance: Proportionality, Subsidiarity and Primarity in the European Convention on Human Rights
Author | : Jonas Christoffersen |
Publisher | : BRILL |
Total Pages | : 686 |
Release | : 2009-06-02 |
ISBN-10 | : 9789004180819 |
ISBN-13 | : 9004180818 |
Rating | : 4/5 (818 Downloads) |
Download or read book Fair Balance: Proportionality, Subsidiarity and Primarity in the European Convention on Human Rights written by Jonas Christoffersen and published by BRILL. This book was released on 2009-06-02 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: Set against previous stages of minority protection under international law, this book discusses the role of courts and court-like bodies – particularly in the Americas, Africa and Europe – in articulating and accommodating the interests and needs of ethno-cultural minority groups as part of the human rights discourse. Conceptually, it exposes different moments of intervention by such bodies involving the recognition of group existence or identity, the adjustment of human rights norms to accommodate the group’s perspectives, the establishment of processes designed to address the complexities resulting from competing claims, and the expansion of procedural avenues within litigation. The result is a fresh comparative – practical and theoretical – perspective on international jurisprudence as an emerging distinctive component in the complex history of the field.