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  3. Effective Domestic Remedies and the European Court of Human Rights
  • Cited by 2
Publisher:
Cambridge University Press
Online publication date:
August 2022
Print publication year:
2022
Online ISBN:
9781009153539
DOI:
https://doi.org/10.1017/9781009153539
Subjects:
Law, Human Rights, Politics and International Relations, International Relations and International Organisations
Information

Book description

In Malone v. UK (Plenary 1984), the right to an effective domestic remedy in the European Convention on Human Rights Article 13 was famously described as one of the most obscure clauses in the Convention. Since then, the European Court of Human Rights has reinforced the scope and application of the right. Through an analysis of virtually all of the Court's judgments concerning Article 13, the book exhaustively accounts for the development and current scope and content of the right. The book also provides normative recommendations on how the Court could further develop the right, most notably how it could be a tool to regulate the relationship between domestic and international protection of human rights. In doing so, the book situates itself within larger debates on the enforcement of the entire Convention such as the principle of subsidiarity and the procedural turn in the Court's case law.

Reviews

‘This is an important book, filling a gap in the literature around a Convention right that has not quite yet had its time. It will be of particular interest to academics, postgraduate and research students, and the numerous government staff in ECHR Contracting States working on ensuring that human rights protection is guaranteed at the national level in the most effective manner.’

Merris Amos Source: International and Comparative Law Quarterly

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