European Human Rights Convention in Domestic Law

The European Convention on Human Rights has had a significant impact on the courts of the Member States of the Council of Europe. the aim of the present study is threefold. First, to determine conclusively whether or not there exists a legal obligation on Member States to incorporate the Convention into domestic law. Secondly. to make a comparative survey of the reception of the Convention on the domestic courts of Member States. In pursuit of this last aim, the author has surveyed the application of the Convention in cases involving relations between individuals; the possibility of references by domestic courts to the Convention as part of the corpus of European Community Law, enforceable in the domestic forum; and the authority of the findings to the organs of the Convention in domestic courts, evidenced either in proceeding to give effect to their findings, or in their use as guidelines to clarify the nature and extent of obligations. The study illustrates the growing imoprtance of the Convention as an autonomous source in the domestic law of States Parties. the author concludes by suggesting that a preliminary ruling procedure be instituted in oredr to ensure the harmonious and uniform application of Convention Law by domestic courts.

This work is distinguished by the fact that when the first edition was published over ten years ago, it was the first comparative study of the European Convention on Human Rights in print. The practice of human rights law on both the domestic and international plane has grown steadily over the years and Drzemczewski's text has in the course of time become a classic guide to this area of law. The current political climate in Europe has intensified this already prominent area of human rights and domestic law, and so extensive is the borrowing from different jurisdictions now in this field that even practitioners confining themselves to their own domestic courts find this book both useful and informative. The growing appreciation for this text as a classic text leads us to reissue the book for readers today.