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Constitutional Courts and Democratic ValuesA European Perspective$
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Victor Ferreres Comella

Print publication date: 2009

Print ISBN-13: 9780300148671

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300148671.001.0001

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The Impact of the European Court of Human Rights

The Impact of the European Court of Human Rights

(p.139) Chapter Twelve The Impact of the European Court of Human Rights
Constitutional Courts and Democratic Values

Víctor Ferreres Comella

Yale University Press

This chapter focuses on an important organization: the Council of Europe. Its principal mission is to protect human rights. The European Convention on Human Rights, which the Council of Europe adopted in 1950, must be observed by national legislation. This international treaty was an important step for the collective enforcement in Europe of some of the rights set out in the 1948 Universal Declaration of Human Rights. In addition to the convention, the states can choose to ratify several protocols that expand the list of protected liberties. The chapter argues here, however, that there is no reason to depart from the centralizing logic of the Kelsenian model in this context. The chapter's claims are justified by an emphasis on some of the differences between E.C. law and the European Convention on Human Rights.

Keywords:   human rights, Council of Europe, national legislation, international treaty, protected liberties, Kelsenian model

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