Human Rights

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By Jörg Fedtke

Particularly necessary for either teachers and practitioners, Human Rights and the personal Sphere: A Comparative Study analyzes the interplay among constitutional rights,В freedoms and personal legislations.

Focusing totally on civil and political rights, a world staff of constitutional and personal legislations specialists have contributed a suite of chapters, each one dependent round a unique jurisdiction. They contain Denmark, France, Germany, India, eire, Israel, Italy, New Zealand, the united kingdom, the united states, the ecu conference for the security of Human Rights and primary Freedoms and the eu Union.

As good as exploring, bankruptcy via chapter,В the key issues and debates in each one jurisdiction, a comparative analysisВ draws the sections jointly; setting-out the typical good points and ameliorations within the jurisdictions lower than evaluation and identifies someВ common developments during this very important region of the legislations.

Cross-references among a number of the chapters and an appendix containing proper legislative fabric and translated quotations from very important court docket judgements makes this quantity a worthwhile device forВ those learning and dealing within the box of overseas human rights law.

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Additional info for Human Rights and the Private Sphere: A Comparative Study

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A strict doctrine of non-recognition of direct horizontal effect thus gives precedence in a conflict between individuals to the resolution adopted in the immediately applicable domestic law. Under a doctrine of non-recognition of direct horizontal effect, substantive arguments concerning the merits of the interests invoked by individual A (under human rights law) automatically give way to formal arguments concerning the legal position of individual B (under domestic law). 46 See the text at note 15 above.

The use of national or international human rights in the sphere of relations between individuals has only very recently been made the subject of scholarly interest. The horizontal effect of human rights is thus far from settled in Danish law. The Danish Constitution of 1849, as amended in 1953, protects a limited number of individual rights such as the independence of judges (Article 64), the right to a public trial (Article 65), the freedom of religion (Article 67), non-discrimination on the basis of faith or descent in the enjoyment of civil and political rights (Article 70), the right to personal liberty (Article 71), freedom of home and correspondence (Article 72), protection of property (Article 73), right of access to occupation (Article 74), access to work (Article 75), right to education (Article 76), freedom of expression (Article 77), freedom of association (Article 78) and freedom of assembly (Articles 79–80).

3 May 1988). 903 H. 928 H; cf. 404 V. 28 Commission Report No. 1220/1991 on the Incorporation of the European Convention for the Protection of Human Rights and Fundamental Freedoms in Danish Law (with a Summary in English); J. Christoffersen, ‘Højesteret og Den Europæiske Menneskerettighedskonvention’, WLR (2000) B. 593. 29 Commission Report No. 1220/1991, pp 151–2. 24 35 36 Jonas Christoffersen the European Communities, are not binding in a pending case. The Commission Report stated: An interpretation from the European Court of Human Rights, which is unexpected, or which shows that domestic legislation cannot be given effect, will thus not retroactively affect the legal position of the involved, private parties.

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