Detention and the Right to Liberty

Texte du rabat

This book is a ground-breaking study of how the European Court of Human Rights interprets Article 5 of the European Convention on Human Rights - the right to liberty and security. It presents an original framework for the progressive interpretation of the right to liberty.

Contenu

Foreword; Acknowledgements; Introduction; 1. Framing discretion at the European Court of Human Rights; 2. An increased role for consensus in the progressive interpretation of the right to liberty; 3. An evolutive interpretation of justifications for detention; 4. An evolutive approach to Article 5 proportionality; 5. Discretion in adjudicating a right to liberty free from abuse of power or discrimination; Conclusion