The European Convention on Human Rights in Scandinavian law : a case law study

Abstract

The European Convention on Human Rights in Scandinavian Lawis the first comprehensive study written in English on the impact of the European Convention on Human Rights on domestic Scandinavian law. The book systematically describes and analyzes the application of the European Convention by the domestic courts in Denmark, Norway and Sweden. The conclusions reached are put into a European perspective through comparisons with the Convention's position in other legal systems: the United Kingdom, Italy and Spain. The book also analyzes the impact of the European Convention on the legislative process in Denmark, Norway and Sweden. The book finished up with an analysis of the way in which the Scandinavian governments argue their cases in relation to the domestic position of the Convention before the European Commission and Court of Human Rights, and how this argumentation is evaluated by the European Commission and Court. In addition to the analysis of the European Convention in domestic Scandinavian law, the book gives a good glimse of Scandinavian legal thought. The author, Soren Stenderup Jensen, born 1961, cand.jur. 1987 (University of Copenhagen), has worked in the Danish Ministry of Justice, at the European Institute in Florence and is currently working as a practising lawyer with Plesner & Lunoe, Attorneys-at-Law in Copenhagen. This book is a slightly revised version of the author's Ph.D.-thesis submitted at the European University Institute in the spring of 1991.