The Evolution of the European Convention on Human Rights: From Its Inception to the Creation of a Permanent Court of Human Rights
OUP Oxford, 23. pro 2010. - Broj stranica: 571
On 4 November 2010 the European Convention on Human Rights Celebrated its sixtieth anniversary. It has undergone a spectacular evolution since its creation in 1950. In recent times the European Court of Human Rights has been compared to a quasi-constitutional court for Europe in the field of human rights, and for some time the Convention has been viewed as a European Bill of Rights. The `coming of age' of the ECHR system in the late 1990s was marked by the entry into force of Protocol 11, creating a new, full-time Court.
By contrast, those who first proposed a European human rights guarantee were driven by an ambition to put a place in collective pact to prevent the re-emergence of totalitarianism in `free' Europe. They were motivated by the memory of World War Two and the protection of human rights was seen in that light. When the Convention was opened for signature in 1950 it was viewed by many with scepticism and disappointment. The Convention system took many years to get established. In the mid-1960s doubts were expressed as to whether the Court had a future, and in the 1970s the Convention system of control faced a number of serious challenges.
This book mainly focuses on the story of the evolution of the Convention during its first fifty years (up to 1998), although there is also a final chapter on the post-1998 situation. It reflects on the Convention's origins and charts the slow progress that it made during the 1950s and 1960s, before, in the late 1970s, the European Court of Human Rights delivered a series of landmark judgments which proved to be the foundation stones for the European Bill of Rights that we know today.
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1 The Evolution of the European Convention on Human Rights and Fundamental Freedoms
I THE CONVENTIONS BIRTH
II FROM A SAFEGUARD AGAINST TOTALITARIANISM TO A FLEDGLING EUROPEAN BILL OF RIGHTS
III COMPLETING THE EUROPEAN BILL OF RIGHTS
IV AFTER 1998
ECHR Dates of signatureratification and first acceptances of the right of individual petition and the jurisdiction of the Court 1 June 2010
Acceptance of substantive Protocols by Convention States
19551975 Development in the number of applications registered declared admissible judgments and Commission Reports
19761998 Development in the number of provisional files applications registered declared admissible judgments and Commission Reports
First judgment delivered by the European Court of Human Rights in respect of each Member State chronological order
InterState cases 19541998
Key datesevents in the history of the ECHR 19481998
Ostala izdanja - Prikaži sve
accepted Article 6(1 Belgian Belgian Linguistics Belgium Bill of Rights British government chap Commission’s Report Committee of Ministers concerned constitutional Convention on Human Convention system Convention text Convention’s Council of Europe Court of Human Court ofHuman Rights Court’s decision declared admissible democratic domestic law drafting ECHR effect entered into force European Bill European Commission European Convention European Court ofHuman European Movement example freedom Germany Golder government’s Human Rights ibid individual applicant individual petition interpretation Ireland issues judges judicial Lawless legislation Loizidou v Turkey Luzius Wildhaber Marckx November O’Boyle October ofArticle ofEurope ofits ofjudgments ofMinisters ofthe Convention ofthe Court opened for signature optional clauses political President procedure proposed Protocol 11 provision ratified the Convention referred reform regards right of individual right ofindividual petition role rule Ryssdal stage Strasbourg Court Strasbourg institutions Strasbourg system Teitgen tion TP Vol Turkey United Kingdom vAustria violation Wildhaber