Publication details
Transnational Legal Processes and Human Rights
| Authors | |
|---|---|
| Year of publication | 2013 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
| Description | Marian Kokes and Piotr Mikuli discuss how constitutional courts in the Czech Republic and Poland use subsidiarity when applying the European Convention on Human Rights. Their point of departure assumes a direct linkage between the national and European levels of human rights protection. This bond is nevertheless problematic from the point of view of the legal incorporation of the Convention and situations where the international human rights treaties guaranteeing individuals rights come in conflict with domestic law. Kokes and Mikuli provide a meticulous account of the processes of incorporation of the European Convention on Human Rights (ECHR) in both of the countries studied. |