Legal Protection of Human Rights between Customary Law and Jurisprudence Cover Image

Protecția Juridică A Drepturilor Omului Între Cutumă, Lege Și Jurisprudență
Legal Protection of Human Rights between Customary Law and Jurisprudence

Author(s): Marilena MARIN
Subject(s): Law, Constitution, Jurisprudence
Published by: Fundatia Română pentru Inteligenta Afacerii
Keywords: Human rights; Customary Law; Case Law

Summary/Abstract: The human rights’ legal protection has been analyzed as debate into several scientific conferences, articles, monographs etc. Most of the time, this subject has been considered interdisciplinary, by reference to some adjacent areas, such as: history, law or economics. Analyzing some of those approaches, I've found that theoretical researches frequently capture only the interpretation of the law in the courts. Concerning judicial practice, lately, we report to the courts of the European Union themselves, almost exclusively. The term called custom is rarely remembered in these studies and then is addressed in a different way, also the references to the Court outside the EU. In the context of evolution a recent history take affects international intra-EU and extra-EU, I think that is very important to know the law of other states regarding the protection of human rights. This is necessary in order to be able to understand the legal rule and support its correct implementation, at least from own citizens.

  • Issue Year: 2014
  • Issue No: 30
  • Page Range: 122-126
  • Page Count: 5
  • Language: Romanian