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The Rule of Law and Human Rights with Special Reference to the Jurisprudence of the European Court of Human Rights (ECHR)

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Chapter Summary

The Rule of Law or its equivalent French principle of pre-eminence de droit has been established in its original form as a principle aiming primarily at the protection of individuals from an arbitrary exercise of power by the State. The European Court of Human Rights (ECHR) through its jurisprudence has dealt with the concept of Rule of Law. The Court has never given any definition of this concept and has acted on the premise that its meaning is self-evident. This chapter discusses cases where the Court has expressly invoked the principle of the Rule of Law. The Court in its case-law proceeded to declare that ?judicial control of interferences by the executive with the individual?s right to liberty is implied by the Rule of Law? and that any other interferences should be subject to an effective control.

Keywords: European Court of Human Rights (ECHR; judicial control; Rule of Law



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