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Domestic Application of the ECHR – Courts as Faithful Trustees - Oxford Scholarship Online
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Domestic Application of the ECHR: Courts as Faithful Trustees

Eirik Bjorge

Abstract

This book seeks to provide an answer to the question: what is the proper role of the domestic courts in the application of the European Convention on Human Rights (ECHR)? This question bears both on how the domestic courts define their role in relation to the European Court of Human Rights and to other national authorities. Relying on examples from French, German, and UK law, the book develops the argument that the proper role of the domestic courts in the application of the ECHR is to act as faithful trustees of the Convention rights. This is a trust to be performed honestly and in good faith ... More

Keywords: ECHR, domestic application, living instrument, margin of appreciation, autonomous concepts, proportionality, dialogue, Ullah principle, separation of powers

Bibliographic Information

Print publication date: 2015 Print ISBN-13: 9780198743637
Published to Oxford Scholarship Online: November 2015 DOI:10.1093/acprof:oso/9780198743637.001.0001

Authors

Affiliations are at time of print publication.

Eirik Bjorge, author
Shaw Foundation Junior Research Fellow, Jesus College, University of Oxford