Domestic Application of the ECHR: Courts as Faithful Trustees

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Eirik Bjorge (Shaw Foundation Junior Research Fellow, Shaw Foundation Junior Research Fellow, Jesus College, University of Oxford)

Domestic Application of the ECHR

Courts as Faithful Trustees

Eirik Bjorge (Shaw Foundation Junior Research Fellow, Shaw Foundation Junior Research Fellow, Jesus College, University of Oxford)

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English

Oxford University Press
30 September 2015

EU & European institutions; Jurisprudence & philosophy of law; International human rights law; Responsibility of states & other entities

Series: International Law and Domestic Legal Orders

Domestic courts are entrusted with the application of the European Convention on Human Rights (ECHR), as faithful trustees of the rights protected in the Convention. This book analyses the way in which the domestic courts in the United Kingdom, France, and Germany apply the ECHR and how, applying the Convention, they define their relationship with the European Court of Human Rights. Contrary to what others have contended, the book argues that it is not true descriptively, nor desirable normatively, that the domestic courts approach the ECHR based upon friction and assertion of sovereignty vis-à-vis the European Court. The proper role played by the domestic courts, and the one which they have taken on them to perform in fact, is to apply the Convention in all good faith, building on the principles of the Convention as set out in the jurisprudence of the European Court. But if domestic courts are in a position to apply the ECHR in the first place, it is because the application of the Convention has been entrusted to them by the other organs of the municipal state; in certain cases municipal principles of the separation of powers have an important bearing on domestic interpretation and application of the Convention.

Domestic Application of the ECHR: Courts as Faithful Trustees shows that, through their faithful application of the ECHR, domestic courts can - and do - make a positive contribution to the development of the law of the Convention.

By: Eirik Bjorge (Shaw Foundation Junior Research Fellow Shaw Foundation Junior Research Fellow Jesus College University of Oxford)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 241mm, Width: 170mm, Spine: 23mm
Weight: 602g
ISBN: 9780198743637
ISBN 10: 0198743637
Series: International Law and Domestic Legal Orders
Pages: 294
Publication Date: 30 September 2015
Audience: College/higher education , Professional and scholarly , A / AS level , Further / Higher Education
Format: Hardback
Publisher's Status: Active

1: Introduction 2: Thesis of the Book 3: Incorporation: Conceptual Relationship between ECHR and National Law 4: Evolutionary Interpretation: 'The Convention is a Living Instrument' 5: Proportionality 6: Margin of Appreciation 7: Autonomous Concepts 8: Dialogue 9: Conclusion

Eirik Bjorge is the Shaw Foundation Junior Research Fellow at Jesus College, University of Oxford. He is the author of The Evolutionary Interpretation of Treaties (Oxford University Press, 2014).

Reviews for Domestic Application of the ECHR: Courts as Faithful Trustees

The immense strength of Bjorges study is that it both demonstrates that the tensions between the European Court and the domestic authorities are commonplace across the Council of Europe and identifies the way to its effective resolution: that Strasbourg can only succeed in achieving a subsidiary role if domestic courts perform the critical duty of securing human rights protection at home. Richard Clayton QC, Law Quarterly Review The tensions that arise inevitably when national courts are required to apply international standards, especially in sensitive areas such as human rights, has been the subject of much discussion over the years. That debate is sought to be furthered by this book which focuses on how the domestic courts [in member-states of the Council of Europe] define their role in relation to the European Court of Human Rights at Strasbourg, specific attention being paid to the judiciaries of France, Germany and the United Kingdom. The Commonwealth Lawyer 24:3