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Article 15 Of The European Convention On Human Rights
Article 15 of the European Convention on Human Rights allows contracting states to derogate from certain rights guaranteed by the Convention in a time of "war or other public emergency threatening the life of the nation". Conditions Permissible derogations under article 15 must meet three substantive conditions: # there must be a public emergency threatening the life of the nation; # any measures taken in response must be "strictly required by the exigencies of the situation"; and # the measures taken in response to it must be in compliance with a state's other obligations under international law. In addition to these substantive requirements, the derogation must be procedurally sound. There must be some formal announcement of the derogation and notice of the derogation and any measures adopted under it, and the ending of the derogation must be communicated to the Secretary-General of the Council of Europe. As of 2016, eight member states had ever invoked derogations. The Court is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Derogation
Derogation, in civil law and common law, is the partial suppression of a law. In contrast, annulment is the total abolition of a law by explicit repeal, and obrogation is the partial or total modification or repeal of a law by the imposition of a later and contrary one. It is sometimes used, loosely, to mean abrogation, as in the legal maxim ''lex posterior derogat priori'' ("a subsequent law derogates the previous one"). The term is also used in Catholic canon law,Manual of Canon Law, pg. 69 and in this context differs from dispensation in that it applies to the law, whereas dispensation applies to specific people affected by the law. Statutory interpretation Under the derogation cannon of statutory interpretation "statutes in derogation of the common law" should be narrowly construed. Terrorism A UK law permitting warrantless arrest and detention on suspicion of terrorist involvement was found to violate protected rights, according to the ECHR decision in '' Brogan v. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Council Of Europe
The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it has 46 member states, with a population of approximately 675 million; it operates with an annual budget of approximately 500 million euros. The organisation is distinct from the European Union (EU), although it is sometimes confused with it, partly because the EU has adopted the original Flag of Europe, European flag, created for the Council of Europe in 1955, as well as the Anthem of Europe, European anthem. No country has ever joined the EU without first belonging to the Council of Europe. The Council of Europe is an official United Nations General Assembly observers, United Nations Observer. Being an international organization, the Council of Europe cannot make laws, but it does have the ability to push for the enf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
September 11 Attacks
The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commercial airliners scheduled to travel from the Northeastern United States to California. The hijackers crashed the first two planes into the Twin Towers of the World Trade Center in New York City, and the third plane into the Pentagon (the headquarters of the United States military) in Arlington County, Virginia. The fourth plane was intended to hit a federal government building in Washington, D.C., but crashed in a field following a passenger revolt. The attacks killed nearly 3,000 people and instigated the war on terror. The first impact was that of American Airlines Flight 11. It was crashed into the North Tower of the World Trade Center complex in Lower Manhattan at 8:46 a.m. Seventeen minutes later, at 9:03, the World Trade Center’s S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Greek Case
In September 1967, Denmark, Norway, Sweden and the Netherlands brought the Greek case to the European Commission of Human Rights, alleging violations of the European Convention of Human Rights (ECHR) by the Greek junta, which had taken power earlier that year. In 1969, the Commission found serious violations, including torture; the junta reacted by withdrawing from the Council of Europe. The case received significant press coverage and was "one of the most famous cases in the Convention's history", according to legal scholar Ed Bates. On 21 April 1967, right-wing army officers staged a military coup that ousted the Greek government and used mass arrests, purges and censorship to suppress their opposition. These tactics soon became the target of criticism in the Parliamentary Assembly of the Council of Europe, but Greece claimed they were necessary as a response to alleged Communist subversion and justified under Article 15 of the ECHR. In September 1967, Denmark, No ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Commission Of Human Rights
The European Commission of Human Rights was a special body of the Council of Europe. From 1954 to the entry into force of Protocol 11 to the European Convention on Human Rights, individuals did not have direct access to the European Court of Human Rights; they had to apply to the commission, which if it found the case to be well-founded would launch a case in the Court on the individual's behalf. Protocol 11 which came into force in 1998 abolished the commission, enlarged the Court, and allowed individuals to take cases directly to it. List of cases *Greek case In September 1967, Denmark, Norway, Sweden and the Netherlands brought the Greek case to the European Commission of Human Rights, alleging violations of the European Convention of Human Rights (ECHR) by the Greek junta, which had taken power ea ... References * Arthur W. Diamond Law LibrarThe European Human Rights System and the European Court of Human Rights. Research Guide [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Operation Demetrius
Operation Demetrius was a British Army operation in Northern Ireland on 9–10 August 1971, during the Troubles. It involved the mass arrest and internment (imprisonment without trial) of people suspected of being involved with the Irish Republican Army (IRA), which was waging an armed campaign for a united Ireland against the British state. It was proposed by the Unionist government of Northern Ireland and approved by the British Government. Armed soldiers launched dawn raids throughout Northern Ireland and arrested 342 in the initial sweep, sparking four days of violence in which 20 civilians, two IRA members and two British soldiers were killed. All of those arrested were Irish republicans and nationalists, the vast majority of them Catholics. Due to faulty and out-of-date intelligence, many were no longer involved in republican militancy or never had links with the IRA. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
University Of Richmond Law Review
The University of Richmond School of Law (Richmond Law) is a school of the University of Richmond, located in Richmond, Virginia. Richmond Law is ranked 52nd (tie) in the US by ''US News'', among the ''top five value'' law schools by the ''National Jurist'', and one of the Princeton Review's 167 ''Best Law Schools of 2018''. With approximately 150 J.D. candidates per class year, the University of Richmond School of Law has full accreditation by all recognized standardizing agencies in the United States on the American Bar Association registry. Richmond Law's Dean, Wendy Perdue, is also a former president of the Association of American Law Schools. Richmond Law is regionally accredited by the Virginia State Board of Bar Examiners, and is the #1 alma mater of judges in the state. Richmond Law is among Above the Law's ''top ten'' Law Schools of the South. Located near the border of America's cultural demarcation line, the University of Richmond campus can be found on located abo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Escape Clause
An escape clause is any clause, term, or condition in a contract that allows a party to that contract to avoid having to perform the contract. If an agreement was drawn up for the sale of a house, for example, the purchaser could include some kind of escape clause in the contract, which will allow him to "escape" from the contract without being liable for breach of contract. Real estate escape clauses A "Subject to a builder's inspection to purchaser's full satisfaction" clause is one example of an escape clause. This clause effectively allows the purchaser to "escape" from the contract if an inspection reveals any irregularities or defects. Another example is the "Subject to 30-day due diligence" clause, which effectively gives the purchaser a 30-day buffer period to inspect any and all aspects of the property before having to commit to the purchase. A 72-hour clause is an example of a seller's escape clause that may appear in real estate contracts. The finance contingency ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Articles Of The European Convention On Human Rights
Article often refers to: * Article (grammar), a grammatical element used to indicate definiteness or indefiniteness * Article (publishing), a piece of nonfictional prose that is an independent part of a publication Article may also refer to: Government and law * Article (European Union), articles of treaties of the European Union * Articles of association, the regulations governing a company, used in India, the UK and other countries * Articles of clerkship, the contract accepted to become an articled clerk * Articles of Confederation, the predecessor to the current United States Constitution *Article of Impeachment, a formal document and charge used for impeachment in the United States * Articles of incorporation, for corporations, U.S. equivalent of articles of association * Articles of organization, for limited liability organizations, a U.S. equivalent of articles of association Other uses * Article, an HTML element, delimited by the tags and * Article of clothing, an i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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