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Evans v. UK – European Court of Human Rights

The Tragedy of Ms Evans: Conflicts and Incommensurability of Rights, Evans v. the United Kingdom, Fourth Section Judgment of 7 March 2006, Application No. 6339/05

Published online by Cambridge University Press:  14 December 2006


Proportionality review and, in particular, ad hoc judicial balancing of competing rights and interests are probably the most celebrated tools propagated by the European Court of Human Rights (ECtHR) and are currently dominant features of the European discourse on rights. This methodology and its discourse, in fact, have gained such widespread popularity that, although the outcome of Convention-based and other fundamental rights claims is often far from certain, the way they will be treated by judges can be predicted with some confidence.

Case Notes
Asser Press 2006

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