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The Right to Invoke Rights as a Limit to Sovereignty – Security Interests, State of Emergency and Review of UN Sanctions by Domestic Courts under the European Convention of Human Rights

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Recently, human rights law has been restricted increasingly by measures taken in the interest of public security. This raises the question whether there are limits in human rights protection that cannot be touched without questioning the very essence of individual rights protection itself. This article submits that the jurisprudence of the European Court of Human Rights (ECtHR) in cases dealing with the compatibility of measures taken in the public interest with the ECHR has defined such limits predominantly in terms of procedure. Accordingly, individuals must not be deprived of the right to independent review in the light of their fundamental rights. Thus, the Court has been developing what may be called a right to invoke rights, a procedural component underlying all guarantees of the Convention. This principle has been established and upheld in three different constellations: general measures for public security, states of emergencies and the implementation of UN sanctions regimes.

Affiliations: 1: Goethe-Universität, Frankfurt am Main, Germany, s.kadelbach@jur.uni-frankfurt.de ; 2: Goethe-Universität, Frankfurt am Main, Germany, david.roth-isigkeit@normativeorders.net

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/content/journals/10.1163/15718107-08603003
2017-09-21
2017-11-18

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