The 'logics' of procedural review by the European Court of Human Rights
- Author
- Eva Brems (UGent)
- Organization
- Abstract
- Traditionally, courts adjudicate fundamental rights cases by applying substantive tests of reasonableness or proportionality. Increasingly, however, European courts are also expressly taking account of the quality of the procedure that has led up to a fundamental rights interference. Yet this procedural review is far from uncontroversial. There still is a lack of clarity as to what ‘procedural review’ really means, what its potential for judicial decision-making is, how it relates and should relate to substantive review, and what its limitations are. Featuring contributions from experts in the field, this book is the first in-depth study into procedural review, considering the theoretical and conceptual issues at play, as well as the applicability of procedural review in different legal systems. It will therefore be of great importance to scholars and practitioners interested in fundamental rights adjudication in Europe, judicial reasoning and procedural justice.
- Keywords
- ECHR, European Court of Human Rights, procedural review, Human Rights - Europe, civil rights - Europe, Proportionality in Law, Subsidiarity, HRC
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Citation
Please use this url to cite or link to this publication: http://hdl.handle.net/1854/LU-8517475
- MLA
- Brems, Eva. “The ‘logics’ of Procedural Review by the European Court of Human Rights.” Procedural Review in European Fundamental Rights Cases, edited by Janneke Gerards and Eva Brems, Cambridge University Press, 2017, pp. 17–39.
- APA
- Brems, E. (2017). The “logics” of procedural review by the European Court of Human Rights. In J. Gerards & E. Brems (Eds.), Procedural review in European fundamental rights cases (pp. 17–39). Cambridge: Cambridge University Press.
- Chicago author-date
- Brems, Eva. 2017. “The ‘logics’ of Procedural Review by the European Court of Human Rights.” In Procedural Review in European Fundamental Rights Cases, edited by Janneke Gerards and Eva Brems, 17–39. Cambridge: Cambridge University Press.
- Chicago author-date (all authors)
- Brems, Eva. 2017. “The ‘logics’ of Procedural Review by the European Court of Human Rights.” In Procedural Review in European Fundamental Rights Cases, ed by. Janneke Gerards and Eva Brems, 17–39. Cambridge: Cambridge University Press.
- Vancouver
- 1.Brems E. The “logics” of procedural review by the European Court of Human Rights. In: Gerards J, Brems E, editors. Procedural review in European fundamental rights cases. Cambridge: Cambridge University Press; 2017. p. 17–39.
- IEEE
- [1]E. Brems, “The ‘logics’ of procedural review by the European Court of Human Rights,” in Procedural review in European fundamental rights cases, J. Gerards and E. Brems, Eds. Cambridge: Cambridge University Press, 2017, pp. 17–39.
@incollection{8517475, abstract = {{Traditionally, courts adjudicate fundamental rights cases by applying substantive tests of reasonableness or proportionality. Increasingly, however, European courts are also expressly taking account of the quality of the procedure that has led up to a fundamental rights interference. Yet this procedural review is far from uncontroversial. There still is a lack of clarity as to what ‘procedural review’ really means, what its potential for judicial decision-making is, how it relates and should relate to substantive review, and what its limitations are. Featuring contributions from experts in the field, this book is the first in-depth study into procedural review, considering the theoretical and conceptual issues at play, as well as the applicability of procedural review in different legal systems. It will therefore be of great importance to scholars and practitioners interested in fundamental rights adjudication in Europe, judicial reasoning and procedural justice.}}, author = {{Brems, Eva}}, booktitle = {{Procedural review in European fundamental rights cases}}, editor = {{Gerards, Janneke and Brems, Eva}}, isbn = {{9781107183773}}, keywords = {{ECHR,European Court of Human Rights,procedural review,Human Rights - Europe,civil rights - Europe,Proportionality in Law,Subsidiarity,HRC}}, language = {{eng}}, location = {{Ghent}}, pages = {{17--39}}, publisher = {{Cambridge University Press}}, title = {{The 'logics' of procedural review by the European Court of Human Rights}}, year = {{2017}}, }