This is a past event
"The Impact of the European Convention on Human Rights on the Constitutional System of Member States"
Professor Jochen Frowein will speak as part of the Law School's research seminar series 2014-15 on "The Impact of the European Convention on Human Rights on the Constitutional System of Member States".
Abstract
The lecture will deal with the development of the European Convention on Human Rights. When the Convention was drafted in the 1950s states did not foresee what impact this treaty would have. Judicial control of legislation which was possible only in very few member states was a clear consequence of the establishment of the European Court of Human Rights. The elementary human rights (right to life, freedom from torture) did not play an important role at first. However, the interstate case Ireland v. United Kingdom was the first important case concerning inhuman treatment and torture. The rule of law defined in Art. 5 and 6 of the Convention became very important for many of the member states. The democratic freedoms as freedom of expression and assembly were developed in the case-law of the European Commission and Court of Human Rights. This affected the constitutional system in many member states. When communism collapsed and the states of Eastern Europe joined the European Convention on Human Rights the old system could not deal with the new problems. The permanent European Court of Human Rights was established. The lecture will try to show how the Convention influenced also the new member states. In conclusion the question will be asked to what extent the Court is in the danger of overreaching when interpreting the Convention. The issue of legitimacy of the European Court of Human Rights will be addressed. Besides the system of the European Union there is no example for a comparable impact of international treaty law on the Constitutional System of member states.
- Hosted by
- School of Law
- Venue
- MacRobert Lecture Theatre MR051
- Contact
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This event is free of charge; no booking is necessary.
Please visit our Research Seminar webpage for our full programme.