The tools of militant democracy in the system of European Convention on Human Rights
Clicks: 77
ID: 275215
2020
This study focuses on the defense mechanisms of a democracy, mainly, on the interpretation of the prohibition of abuse of rights in Article 17 European Convention on Human Rights. Given the background and understanding of this provision as an instrument to protect democracy and democratic values (i.e. an instrument of a militant democracy), this study touches upon the way how the European Court of Human Rights should cope with anti-democratic actors aiming at subverting or overturning democracy with democratic means (e.g. through a public speech (which is protected by the article 10 of the Convention) which denies the Holocaust).The study also explains how to apply Article 17, the rights whi chare circumscribed by it and the negative effect of its scope. The jurisprudence and findings of the European Court of Human Rights are the core source of this study, followed by the teachings of the publicists in this field.
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| Authors | SCOBIOALĂ, Diana;VARTIC, Iulia; |
| Journal | revista institutului naţional de justiţie |
| Year | 2020 |
| DOI | DOI not found |
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Education
Biology (General)
Botany
Medicine
Engineering (General). Civil engineering (General)
Electrical engineering. Electronics. Nuclear engineering
renewable energy sources
sports
production of electric energy or power. powerplants. central stations
law
electronic computers. computer science
law in general. comparative and uniform law. jurisprudence
philosophy (general)
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