Full Description
This volume fills a major gap in the literature on fundamental rights: the existing European works are confined almost exclusively to EU competition law, and there is a dearth of secondary sources on the fundamental rights of companies under EU law and the European Convention on Human Rights more generally, despite the rich and relentless flow of rulings from both the Luxembourg and the Strasbourg courts. This book covers all the principal substantive rights such as property, privacy and freedom of speech, as well as various procedural rights (eg the right to a fair trial, double jeopardy and the privilege against self-incrimination). Not only does this volume provide comprehensive coverage of this increasingly important case law, but it also examines the relevant US authorities in great depth, and the comparison with European law often leads to surprising results. International law is also covered at length, while English law serves as the main point of reference on numerous issues. Despite the wealth of detail, the book's coverage of this broad and varied subject is sufficiently succinct to enable the reader to gain an overall view. It not merely describes the law as it stands, but also proposes an overall approach. This work is aimed at practitioners and academics alike.
Contents
Part I Introductory and General
1. Introduction
2. The History, the Theory and the Practice: an Overview
3. International Law
Part II Substantive Rights
4. Core Economic Rights: Property, the Right to Conduct a Business etc.
5. Privacy and Other 'Human' Values
6. Freedom of Expression
7. The Principle of Equality
Part III Access to Justice and Procedural Rights
8. The Right to a Fair Civil Trial
9. Procedural Rights in Criminal and Quasi-Criminal Proceedings
Part IV Miscellaneous and Conclusion
10. Some Key Issues
11. Conclusion
