Language: | Slovenian |
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Year of publishing: | 2017 |
Typology: | 2.09 - Master's Thesis |
Organization: | UL PF - Faculty of Law |
Publisher: | [Ž. Maloić] |
UDC: | 340.12:342.7(043.2) |
COBISS: | 15811409 |
Views: | 2168 |
Downloads: | 769 |
Average score: | 0 (0 votes) |
Metadata: |
Secondary language: | English |
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Secondary title: | Radbruch's Formula before the European Court of Human Rights |
Secondary abstract: | Radbruch's formula is based on a relation between legal values of legal certainty and justice that combined with utility form basic elements of the idea of law in accordance with Radbruch's theory of law. Radbruch considers that the mentioned elements are equivalent but that there is tension between them. Radbruch's formula represents safeguard against intolerable unjust laws and provides that in such cases legal certainty must yield to justice. He bases the essence of justice on equality and highlights that intolerable unjust law is one that consciously violates justice and that that kind of law does not have legal validity. Radbruch's formula in theory represents mechanism for providing respect for basic human rights when the legislation fails. Similarly, in practice represents European Court of Human Rights. Its role is to supervise if the contracting states act in accordance with the provisions of the European Convention on Human Rights. Duty of every contracting state is to respect the obligations that derive from the European Convention on Human Rights. European Court of Human Rights assesses potential violations of human rights based on a formal substantive concept of law developed by its case law. |
Secondary keywords: | European Court of Human Rights;European Convention on Human Rights;Radbruch's formula;philosophy of law;legal certainty;principle of legality;concept of law;quality of law; |
Type (COBISS): | Master's thesis/paper |
Study programme: | 0 |
Embargo end date (OpenAIRE): | 1970-01-01 |
Thesis comment: | Univ. v Ljubljani, Pravna fak. |
Pages: | 48 f. |
ID: | 10910779 |