Article

Jurisprudence of the European Court of Human Rights and the Constitutional Systems of Europe

Dean Spielmann

in The Oxford Handbook of Comparative Constitutional Law

Published in print May 2012 | ISBN: 9780199578610
Published online November 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199578610.013.0061

Series: Oxford Handbooks in Law

Jurisprudence of the European Court of Human Rights and the Constitutional Systems of Europe

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Constitutional courts have made a fundamental contribution in clarifying the domestic binding force of the European Convention on Human Rights, in spite of the divergences as to its status in domestic law. This article examines the status of the Convention in domestic legal systems, which remains a question of constitutional law; and the status and implementation of the judgments of the European Court of Human Rights. It looks at four domestic systems, selected for their particular relevance. Three of them have a written constitution (Germany, France, and Belgium) and the fourth, the United Kingdom, has a human rights ‘catalogue’ (the Human Rights Act 1998) comparable to a constitution.

Keywords: constitutional courts; constitutional adjudication; European Convention on Human Rights; domestic law; constitutional law; European Court of Human Rights

Article.  12687 words. 

Subjects: Law ; Comparative Law ; Constitutional and Administrative Law ; Jurisprudence and Philosophy of Law

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