Results 41 to 50 of about 879 (180)
Psychiatric Commitment: Sixty Years Under the Scrutiny of the European Court of Human Rights
Background and Aims: In the field of mental health, the fundamental right to liberty is a point of tension between the practice of psychiatric commitment on the one hand and the universal concept of human rights on the other.
Gérard Niveau +2 more
doaj +1 more source
Is there a ‘right’ to use Welsh in prison?
Abstract The use of the Welsh language is generally understood as a ‘right’ in contemporary Wales. While this right is often lauded as one of Welsh devolution's defining achievements, the efficacy of current protections is contested. This article contributes to the debate by focusing on the prison context, where the question of Welsh language rights is
GREGORY DAVIES, ROBERT JONES
wiley +1 more source
Strategic litigation as a challenge for deliberative democracy
Abstract Strategic litigation is a growing public concern, but remains understudied in democratic theory. In strategic litigation, collectives go to court with a political agenda that goes beyond their specific case. How should we assess the legitimacy of strategic litigation? Building on Lafont's model of deliberative democracy and Klein's distinction
Svenja Ahlhaus
wiley +1 more source
Abstract The last decade has witnessed a substantial increase in case law of the Court of Justice of the European Union (hereafter: ECJ or Court) concerning the rule of law. This expansion in case law reflects the significant challenges to the rule of law that have arisen in recent years. Several EU member states have implemented measures that severely
Urszula Jaremba, Jasper Krommendijk
wiley +1 more source
This article discusses to what extent and how the European Court of Human Rights (ECtHR) has initiated and engaged in domestic judicial reforms. It shows that the judgments of the Strasbourg Court, rather than having effects only with respect to the ...
David Kosař
doaj +1 more source
Situating the ICJ's advisory opinion in the wider ecosystem of international climate litigation
Abstract Although international climate cases are a relatively recent phenomenon, the International Court of Justice's (ICJ) climate advisory opinion enters an increasingly well‐populated ecosystem of international climate jurisprudence. The ICJ's ruling, along with those of the International Tribunal for the Law of the Sea (ITLOS) and the Inter ...
Jacqueline Peel
wiley +1 more source
The international climate change regime and general principles of law
Abstract The Climate Change Advisory Opinion (AO) by the International Court of Justice (ICJ) demonstrates the growing prominence of general principles of law in international law. The Climate Change AO was handed down at the end of the International Law Commission's project on general principles of law with the adoption of its Draft Conclusions.
Renatus Otto Franz Derler, Mads Andenas
wiley +1 more source
Article 6 of the European Convention on Human Rights (right to a fair trial) in juvenile cases
The purpose of the article is to determine whether the guarantees of Article 6 of the ECHR in the form of the right to a fair criminal trial are available in juvenile proceedings, including in the welfare model.
Aleksandra Nowosad
doaj +1 more source
JUDICIAL DIALOGUE IN THE LIGHT OF PROTOCOL NO. 16 TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS
The authors discuss legal nature of the Protocol No. 16 to the European Convention on Human Rights (ECHR) which entered into force on 1 August 2018.
Bruna Žuber, Špela Lovšin
doaj +1 more source
The Orwellian Reality of Counter-Terrorism Measures Under The ECHR
This paper seeks to analyze the impact of terrorism on the enjoyment of civil liberties guaranteed under the European Convention on Human Rights (ECHR).
Sam Thyroff-Kohl
doaj +1 more source

