株式会社極東書店トップ商品一覧Legitimate Expectations under Article 1 of Protocol No. 1 to the European Convention on Human Rights.

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Legitimate Expectations under Article 1 of Protocol No. 1 to the European Convention on Human Rights.

Legitimate Expectations under Article 1 of Protocol No. 1 to the European Convention on Human Rights. 欧州人権条約第一議定書第1条下の正当な期待

・ISBN 978-1-78068-222-8 paper

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著者・編者Sigron, Maya,
出版社(Intersentia, BE)
出版年月2014
ページ数xviii, 316 pp.
言語ENG
ニュース番号<615-718>

解説

This book provides a thorough evaluation of the complex relationship between legitimate expectations and the protection of property guaranteed by Article 1 of Protocol No. 1 to the European Convention on Human Rights. To set the context, the book first gives a brief but comprehensive analysis of property rights from Ancient Greek times until now. Subsequently, it compares the protection of legitimate expectations with its underlying principles in other legal orders. The book's core addresses three main research questions: What are the conditions for the creation and protection of legitimate expectations in the context of Article 1 of Protocol No. 1? What role do confidence, detriment and fair balance play in that context? What purpose do legitimate expectations fulfil in the context of Article 1 of Protocol No. 1? To answer these questions, the author conducts an extensive analysis of the European Court of Human Rights' case-law related to legitimate expectations under Article 1 of Protocol No. 1. On the occasion of this analysis, she collects and lists the main misunderstandings with respect to legitimate expectations in cases brought before the European Court of Human Rights under Article 1 of Protocol No. 1. The conclusion assesses the major results and paves the way for future debate about the doctrine of legitimate expectations under Article 1 of Protocol No. 1.