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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
The Convergence of the Fundamental Rights Protection in Europe

The Convergence of the Fundamental Rights Protection in Europe

Arnold, Rainer

Paperback

Series: Ius Gentium: Comparative Perspectives on Law and Justice, Book 52

General Law

ISBN10: 9402413545
ISBN13: 9789402413540
Publisher: Springer
Published: Jun 29 2018
Pages: 235
Weight: 0.79
Height: 0.53 Width: 6.14 Depth: 9.21
Language: English
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 ofnational 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.

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