Search for dissertations about: "European Convention of Human Rights"

Showing result 1 - 5 of 15 swedish dissertations containing the words European Convention of Human Rights.

  1. 1. The Right to Property and the European Convention on Human Rights. A Nordic Approach

    Author : Gudrun Gauksdottir; Juridiska institutionen; []
    Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; property rights; human rights; mänskliga rättigheter; international law; property law; constitutional law; comparative law; right to property; European Convention on Human Rights; komparativ rätt;

    Abstract : The Nordic constitutions secure the right to property. A fundamental issue under the constitutional provisions guaranteeing the right to property has traditionally been how to distinguish between interference with property rights which come under their scope and those which do not and hence in principle do not enjoy any constitutional protection. READ MORE

  2. 2. European Convention on Human Rights in Latvia: Impact on legal doctrine and application of legal norms

    Author : Martins Mits; Juridiska institutionen; []
    Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; European Convention on Human Rights; Latvia; domestic; application proportionality principle; protocol 14; folkrätt; public international law;

    Abstract : Latvia offers an excellent point of departure for evaluating the influence of international human rights law through the European Convention on Human Rights on a sovereign state that has established itself as a democratic political system in the decline of the 20th century. This book explores the impact of the Convention on the domestic implementation of human rights provisions by studying the case law of the Constitutional Court and the Supreme Court, including the doctrinal concepts applied by these courts. READ MORE

  3. 3. Negotiating Asylum. The EU acquis, Extraterritorial Protection and the Common Market of Deflection

    Author : Gregor Noll; Juridiska institutionen; []
    Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; extraterritorial protection; international law; human rights; European Union; burden-sharing; demos; legal theory; interpretation; international private and public law; discrimination; refugee law; asylum; internationell rätt; European law; EU-rätt; EU law; public international law; folkrätt; internationell privaträtt; private international law;

    Abstract : How are access to asylum and other forms of extraterritorial protection regulated in the European Union? Is the EU acquis in these areas in conformity with international law? What tools does international law offer to solve conflicts between them? And, finally, is law capable of bridging the foundational oppositions embedded in migration and asylum issues? This work combines the potential of legal formalism with an analytical framework drawing on political theory. It analyses the argumentative strategies used by international lawyers, exploiting the interpretative methodology of international law as well as elaborate discrimination arguments. READ MORE

  4. 4. Creation, Development and Impact of the General Principles of Community Law: Towards a jus commune europaeum?

    Author : Xavier Groussot; Juridiska institutionen; []
    Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; European Convention of Human Rights ; Legitimacy ; Review ; ECJ ; General Principles of Community Law ; Jus Commune ; Charter of Fundamental Rights ; Spill-over .; EU law; EU-rätt;

    Abstract : The aim of this research is two-fold. First, the general principles of Community law are analyzed as "legitimacy principles", which permit the European Court of Justice to review the acts of the institutions and the Member States. READ MORE

  5. 5. EU Fundamental Rights and National Democracies : Complementary or Contradictory?

    Author : Eduardo Gill-Pedro; Juridiska institutionen; []
    Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; EU law; EU Fundamental Rights; Human rights; Democracy; Court of Justice of the EU; Legitimacy; Constitutionalism; Legal theory; EU rätt; EU grundläggande rättigheter; mänskliga rättigheter; demokrati; EU-domstolen; legitimitet; konstitutionalism; rättsteori;

    Abstract : The question asked in this thesis is: what is the impact on the democratic legitimacy of the legal orders of the member states of the EU, where the meaning of EU fundamental rights is determined by the Court of Justice of the EU. It begins by developing a theoretical framework which reconstructs the deep structure of the law of the member states, in order to understand the ground of legitimacy for national law. READ MORE