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Author:   George Letsas (Lecturer in Law, University College London)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.30cm , Height: 1.60cm , Length: 24.10cm
Weight:   0.399kg
ISBN:  

9780199203437

ISBN 10:   0199203431
Pages:   164
Publication Date:   13 December 2007
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

1: Human Rights, Legality, and the ECHR Introduction Background to and a Very Brief History of Human Rights No One-Size-Fots-All Theory of Human Rights Human Rights as Conditions of Legitimacy Human Rights, Legal Rights, and Interpretivism Conclusion 2: Autonomous Concepts, Conventionalism, and Judicial Discretion Introduction The Emergence of Autonomous Concepts Good-Faith Violations of the ECHR A More Recent Example of an Autonomous Concept Autonomous Concepts and Judicial Discretion Need for Harmonization and Uniform Application? Autonomous Concepts as Disagreement Does Disagreement Entail Judicial Discretion Possible Choices 3: The Semantic Sting and the ECHR Intentionalism, Textualism, and Evolutive Interpretation Introduction Originalism in Constitutional Law Golder v UK VCLT and the Case of Unenumerated Rights After Golder: the ECHR as a Living Instrument The Failures of Originalism The Object and Purpose of the ECHR Evolutive Interpretation: Truth Not Current Consensus 4: Two Concepts of the Margin of Appreciation Introduction Theories of International Human Rights Law The Substantive Concept of the Margin of Appreciation The Structural Concept of the Margin of Appreciation Consensus and Public Morals 5: Liberal Principles of Human Rights Interpretation Introduction Rights, Interests, and Reasons Liberal Egalitarian Theories of Rights: Rawls and Dworkin Liberal Egalitarian Principples for the Interpretation of the Limitation Clauses 6: Public Morals, Consensus, and Rights Inflation: A Critque Introduction Public Morals and the Moralistic Preferences of the Majority Consensus, Piecemeal Evolution, and Legality Rights Inflation: Hatton and the Right to Sleep Well

Reviews

A powerfully argued, compelling and strikingly original contribution which deserves a central place in contemporary debates about the Convention and human rights in Europe...The author is...to be congratulated not only for producing such a ground-breaking and erudite study, but for opening up a potentially rich and fruitful research agenda to which he and others can contribute for a long time to come. * Steven Greer, International Journal on Minority and Group Rights 16, 2009 * Dr Letsas's book is as challenging as any theoretical writing about the European Convention on Human Rights in recent years. It starts from a very precise understanding about the nature of human rights and about the role of courts charged with the interpretation of the documents which transform the political idea of human rights into the regime of law. Not every Convention lawyer will find his positions utterly convincing but they all will benefit from absorbing and responding to the thesis he puts forward. This is an attractive and efficiently-written book which straddles the line between theory and practice with some confidence. * Colin Warbrick, Birmingham Law School * Constituting a profound reflection on the Courts interpreting role, the book [...] both enriches legal theory and provides stimulating reading material for everyone dedicated to the cause of human rights. * From the foreword by Judge Spielmann *

Constituting a profound reflection on the Courts interpreting role, the book [...] both enriches legal theory and provides stimulating reading material for everyone dedicated to the cause of human rights. From the foreword by Judge Spielmann Dr Letsas's book is as challenging as any theoretical writing about the European Convention on Human Rights in recent years. It starts from a very precise understanding about the nature of human rights and about the role of courts charged with the interpretation of the documents which transform the political idea of human rights into the regime of law. Not every Convention lawyer will find his positions utterly convincing but they all will benefit from absorbing and responding to the thesis he puts forward. This is an attractive and efficiently-written book which straddles the line between theory and practice with some confidence. Colin Warbrick, Birmingham Law School A powerfully argued, compelling and strikingly original contribution which deserves a central place in contemporary debates about the Convention and human rights in Europe...The author is...to be congratulated not only for producing such a ground-breaking and erudite study, but for opening up a potentially rich and fruitful research agenda to which he and others can contribute for a long time to come. Steven Greer, International Journal on Minority and Group Rights 16, 2009

Author Information

George Letsas is Lecturer in Law at University College London

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