European Human Rights Convention in Domestic Law: A Comparative Study

European Human Rights Convention in Domestic Law: A Comparative Study

European Human Rights Convention in Domestic Law: A Comparative Study

European Human Rights Convention in Domestic Law: A Comparative Study

Synopsis

This is the first investigation of the legal status of the European Human Eights Convention and its influence and authority in domestic courts of all state party to the Convention. Drzemczerski approaches the problem from the standpoint of comparative law, using materials previously unavailable in this continuing debate.

Excerpt

This work is a revised version of a thesis which I submitted in 1980 for the degree of Doctor of Philosophy in the University of London. I wish to acknowledge the help of two persons: my original supervisor of studies Mr Cedric Thornberry, formerly a lecturer in law at the London School of Economics and Political Science and presently an official with the United Nations, for his guidance and advice, as well as Professor James Fawcett, former President of the European Commission of Human Rights, who kindly agreed to become my supervisor of studies upon the departure of Mr Thornberry from the lse. I am especially grateful and deeply indebted to Professor Fawcett for his sympathetic guidance.

I carried out much of the background research for this book while in receipt of a University of London Postgraduate Studentship. I also received a Council of Europe Human Rights Fellowship to readapt and update the thesis for publication. I wish to express my gratitude for this financial assistance.

As a matter of presentation, I had the choice of quoting passages from the texts of constitutions, statutes, and court decisions in their original languages or alternatively to do so in respect of at least the more commonly used languages, such as French, Spanish, and German. After some hesitation, I decided to use English language translations as far as possible, with occasional reference to texts written in French. the reason for this narrow approach is twofold: my inability to appreciate the significance of certain passages reproduced verbatim in foreign languages, and because most of the materials which I consulted in Strasbourg were made available to me in English and French, the two official languages of the Council of Europe.

Although a person with limited linguistic abilities should not normally attempt to embark upon a comparative study of this type, the need for at least some general overview of the domestic status of the Convention in all the member states of the Council of Europe was felt to outweigh this consideration. As a consequence, I have made occasional reference to primary source materials which I have been unable to read myself, although their content has been checked -- as far as possible -- by obtaining . . .

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