عنوان
پدید آورنده
موضوع
رده
کتابخانه
محل استقرار
NATIONAL BIBLIOGRAPHY NUMBER
Number
LA125947
LANGUAGE OF THE ITEM
.Language of Text, Soundtrack etc
انگلیسی
TITLE AND STATEMENT OF RESPONSIBILITY
Title Proper
Limitations Clauses, Evidence, and the Burden of Proof in the European Court of Human Rights
General Material Designation
[Article]
First Statement of Responsibility
T. Jeremy Gunn
.PUBLICATION, DISTRIBUTION, ETC
Place of Publication, Distribution, etc.
Leiden
Name of Publisher, Distributor, etc.
Brill
SUMMARY OR ABSTRACT
Text of Note
Courts and tribunals involved in evaluating whether states have applied limitations clauses appropriately should pay increased attention to the core underlying issues of the parties' respective burdens of proof, the standards of proof, and identifying which parties are required to prove which assertions. The European Court of Human Rights has not articulated with sufficient clarity the rules of evidence that apply to its proceedings, thereby permitting ad hoc and inconsistent evaluations of issues pertaining to the freedom of religion or belief. The Court should take seriously its obligation to clarify its standards and thereafter apply them. Courts and tribunals involved in evaluating whether states have applied limitations clauses appropriately should pay increased attention to the core underlying issues of the parties' respective burdens of proof, the standards of proof, and identifying which parties are required to prove which assertions. The European Court of Human Rights has not articulated with sufficient clarity the rules of evidence that apply to its proceedings, thereby permitting ad hoc and inconsistent evaluations of issues pertaining to the freedom of religion or belief. The Court should take seriously its obligation to clarify its standards and thereafter apply them.
SET
Date of Publication
2020
Physical description
192-206
Title
Religion & Human Rights
Volume Number
15/1-2
International Standard Serial Number
1871-0328
UNCONTROLLED SUBJECT TERMS
Subject Term
burden of proof
Subject Term
European Court of Human Rights
Subject Term
evidence
Subject Term
freedom of religion or belief
Subject Term
General
Subject Term
Human Rights and Humanitarian Law
Subject Term
inquisitorial and adversarial
Subject Term
limitation clauses
Subject Term
Religion & Society
Subject Term
Religious Studies
Subject Term
revising the Rules of Court
Subject Term
Social Sciences
PERSONAL NAME - PRIMARY RESPONSIBILITY
T. Jeremy Gunn
LOCATION AND CALL NUMBER
Call Number
10.1163/18710328-BJA10007
ELECTRONIC LOCATION AND ACCESS
Electronic name
مطالعه متن کتاب p
[Article]
275578
a
Y
