European Convention on Human Rights Law Review最新文献_第5页

Freedom of Expression on the Internet after Sanchez v France: How the European Court of Human Rights Accepts Third-Party ‘Censorship’ 桑切斯诉法国案后的互联网言论自由:欧洲人权法院如何接受第三方“审查”

European Convention on Human Rights Law Review Pub Date : 2022-09-07 DOI: 10.1163/26663236-bja10046

K. Lemmens

引用次数: 0

What Determines the Judicial Discretion of the European Court of Human Rights? 是什么决定了欧洲人权法院的司法自由裁量权?

European Convention on Human Rights Law Review Pub Date : 2022-09-02 DOI: 10.1163/26663236-bja10047

George Tsebelis

引用次数: 0

Judicial Activism v Judicial Restraint: Practical Experience of This (False) Dilemma at the European Court of Human Rights 司法能动与司法克制:欧洲人权法院这一(错误)困境的实践经验

European Convention on Human Rights Law Review Pub Date : 2022-08-30 DOI: 10.1163/26663236-bja10048

F. Tulkens

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引用次数: 1

The Judicial Discretion of the European Court of Human Rights: The Years of Plenty, and the Lean Years 欧洲人权法院的司法自由裁量权:丰裕之年与贫瘠之年

European Convention on Human Rights Law Review Pub Date : 2022-08-29 DOI: 10.1163/26663236-bja10049

Vassilis P. Tzevelekos, K. Dzehtsiarou

{"title":"The Judicial Discretion of the European Court of Human Rights: The Years of Plenty, and the Lean Years","authors":"Vassilis P. Tzevelekos, K. Dzehtsiarou","doi":"10.1163/26663236-bja10049","DOIUrl":"https://doi.org/10.1163/26663236-bja10049","url":null,"abstract":"In this issue, we have the pleasure to host two thoughtful and expertly written guest editorials on judicial discretion exercised by the European Court of Human Rights (ECtHR, the Court). They approach this question from two different perspectives. The former ECtHR Judge and Vice President, Professor Françoise Tulkens, offers an authoritative view from within the ECtHR, informed by her rich experience, whilst Political Science Professor George Tsebelis applies his seminal game theoretic analysis on institutional decision-making within the echr system. The guest editorials have been an excellent source of inspiration for the brief thoughts that we are offering here, but before that, we would like to share with the readers that, after a long delay caused by the covid-19 pandemic, on 4 July 2022, we celebrated the launching of the echr Law Review at the premises of the ECtHR. We are thankful to President Robert Spano and to the Registrar of the Court, Marialena Tsirli, for their warm hospitality and for their very kind and generous words on the journal, as we are also thankful to Judges Ineta Ziemele and Armen Harutyunyan – who have both contributed with guest editorials to previous issues of the journal – and to our publisher, Lindy Melman. They all participated at this event and spoke about their experience with the echr Law Review. One of the key aims of this law review is to act as a bridge between the system of the European Convention on Human Rights (echr, the Convention) and academia: engaging in a direct dialogue with the ECtHR is an excellent means to this aim. Moving now to this editorial’s topic, namely the ECtHR’s judicial discretion, we start by noting that, in principle, rules shall be concrete and unambiguous. european convention on human rights law review (2022) 1–8","PeriodicalId":306057,"journal":{"name":"European Convention on Human Rights Law Review","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130101159","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

A Utilitarian Account of Article 3 echr 第三条宪法的功利主义阐释

European Convention on Human Rights Law Review Pub Date : 2022-07-11 DOI: 10.1163/26663236-bja10045

J. Letwin

引用次数: 0

Cedric Marti, Framing a Convention Community: Supranational Aspects of the European Convention on Human Rights 塞德里克·马蒂:《构建公约共同体:欧洲人权公约的超国家层面》

European Convention on Human Rights Law Review Pub Date : 2022-05-23 DOI: 10.1163/26663236-bja10043

Paul Gragl

引用次数: 0

A Strasbourg Story of Swords and Shields 《剑与盾的斯特拉斯堡故事

European Convention on Human Rights Law Review Pub Date : 2022-05-10 DOI: 10.1163/26663236-bja10042

L. Glas, J. Krommendijk

引用次数: 0

On the Circumscribed and Problematic Resurgence of Inter-State Human Rights Cases 论国家间人权案件的局限性和问题性死灰复燃

European Convention on Human Rights Law Review Pub Date : 2022-04-07 DOI: 10.1163/26663236-bja10039

Lucas Lixinski

引用次数: 0

Jens T Theilen, European Consensus Between Strategy and Principle: The Uses of Vertically Comparative Legal Reasoning in Regional Human Rights Adjudication. 战略与原则之间的欧洲共识:纵向比较法律推理在地区人权裁判中的应用。

European Convention on Human Rights Law Review Pub Date : 2022-04-01 DOI: 10.1163/26663236-bja10040

Jaka Kukavica

引用次数: 3

The Aggression Against Ukraine and the Effectiveness of Inter-state Cases in Case of War 侵略乌克兰和战争情况下国家间案件的效力

European Convention on Human Rights Law Review Pub Date : 2022-03-28 DOI: 10.1163/26663236-bja10041

K. Dzehtsiarou, Vassilis P. Tzevelekos

引用次数: 1