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Part IX Trends, Ch.59 Jurisprudence of the European Court of Human Rights and the Constitutional Systems of Europe

Dean Spielmann

From: The Oxford Handbook of Comparative Constitutional Law

Edited By: Michel Rosenfeld, András Sajó

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 07 August 2020

In the landmark case of Loizidou v Turkey, the European Court of Human Rights (ECtHR) referred to ‘the Convention as a constitutional instrument of European public order (ordre public)’.1 Indeed, the European Convention on Human Rights (ECHR), being a treaty of a specific nature, embodies elements of European public order.2 Admittedly, the purpose of human rights is the same at domestic and international levels. But the possibilities for individuals to rely on human rights in domestic courts are not identical in all states.3 As Judge Lech Garlicki has observed, In...
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