Introductory Remarks on the Perspective and Intent of the Author in
Writing This Monograph The European Court of Human Rights comments
in the judgment Korbely v. Hungary that: However, clearly drafted a
legal provision may be, in any system of law, including criminal
law, there is an inevitable element of judicial interpretation.
There will always be a need for elucidation of doubtful points and
for adaptation to changing circumstances. Indeed, in the Convention
States, the progressive development of the criminal law through
judicial law making is a well-entrenched and necessary part of
legal tradition...The Court's role is con?ned to ascertaining
whether the effects of such an interpretation [interpretation by
the national courts and authorities of domestic law which sometimes
may refer to or incor- rate international law principles or
agreements] are compatible with the Convention 1 [European
Convention on Human Rights and Fundamental Freedoms] (emphasis
added). This book then examines to what degree this "inevitable
element of judicial interpretation" has been applied by the
European Court of Human Rights in a manner consistent with the
guarantees of the most fundamental human rights under international
criminal, human rights and humanitarian law.
|Country of origin:
Sonja C Grover
||235 x 155 x 23mm (L x W x T)
International law >
Public international law >
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