Ius Gentium: Comparative Perspectives on Law and Justice

The Convergence of the Fundamental Rights Protection in Europe

Editors: Arnold, Rainer (Ed.)

  • Contributors from internationally renowned academics and constitutional court judges 
  • Includes contributions from most European countries
  • Highlights the convergence of fundamental rights in Europe- one of the hottest topics in constitutional law today​
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  • ISBN 978-94-017-7465-9
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About this book

The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection. Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey. 

Table of contents (12 chapters)

  • Aspects of Fundamental Rights Convergence in Europe with Some Comparative References to the Developments in Germany, United Kingdom and France

    Arnold, Rainer (et al.)

    Pages 1-12

  • Convergence of the Protection of Fundamental Rights Between the Spanish Constitutional Court and the European Court of Human Rights

    Tenorio Sánchez, Pedro Julio

    Pages 13-27

  • Human Rights, Between Supreme Court, Constitutional Court and Supranational Courts: The Italian Experience

    Mezzetti, Luca

    Pages 29-69

  • Discrimination and Equality: Affirmative Action in Spain and in the European Union

    Llano, María Cristina Hermida

    Pages 71-83

  • The Nordic States and the European Convention on Human Rights

    Nergelius, Joakim

    Pages 85-98

Buy this book

eBook $99.00
price for USA (gross)
  • ISBN 978-94-017-7465-9
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $129.00
price for USA
  • ISBN 978-94-017-7463-5
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
The Convergence of the Fundamental Rights Protection in Europe
Editors
  • Rainer Arnold
Series Title
Ius Gentium: Comparative Perspectives on Law and Justice
Series Volume
52
Copyright
2016
Publisher
Springer Netherlands
Copyright Holder
Springer Science+Business Media Dordrecht
eBook ISBN
978-94-017-7465-9
DOI
10.1007/978-94-017-7465-9
Hardcover ISBN
978-94-017-7463-5
Series ISSN
1534-6781
Edition Number
1
Number of Pages
XIII, 235
Number of Illustrations and Tables
6 b/w illustrations
Topics