General Clauses and their Functions in the European Convention of Human Rights Cover Image

Klauzule generalne i ich funkcje w Europejskiej Konwencji Praw Człowieka
General Clauses and their Functions in the European Convention of Human Rights

Author(s): Bartosz Liżewski
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: axiology; human rights; general clauses; limitation clauses

Summary/Abstract: The paper deals with the extra-legal references of the European Convention of Human Rights,differing form the way in that such axiology is the state or general international law. The latter cumulatesboth intra and extra legal values in the category of the general principles of law and these constructs, together with the general clauses enter the international human rights law. Paper accepts the concept of the clauses not restricting them to the category of the limitation clauses. The various regulations of the Convention had been analyzed in that light both from the point of the internationaland state law perspectives, since use of the clauses by the state agencies are controlled by the European Court of Human Rights.

  • Issue Year: 63/2016
  • Issue No: 2
  • Page Range: 191-207
  • Page Count: 17
  • Language: Polish