In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.

An assessment of fundamental questions surrounding the scope of human rights.

About the Author
Eva Brems is Professor of Human Rights Law at Ghent University, Belgium. Her research interests include many areas of human rights law, at the international, European and domestic levels. Janneke Gerards is Research Professor of Fundamental Rights Law at the Law Faculty of Radboud University Nijmegen, The Netherlands. Her research focuses on fundamental rights, judicial argumentation, judicial review and constitutional law.


Book Information
ISBN 9781107043220
Author Eva Brems
Format Hardback
Page Count 378
Imprint Cambridge University Press
Publisher Cambridge University Press
Weight(grams) 670g
Dimensions(mm) 229mm * 152mm * 22mm