Contents - Constitutional Court of Georgia

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Editorial note Due to the technical error the title of the article by Ms. Keti Eremadze was published incorrectly in the second issue of CLR, the original name of the article was: Regarding the Constitutionality of Article 3.1 of the Criminal Code of Georgia – problem in the judgement of the Constitutional Court of Georgia, the dissenting opinion on it, or the impugned provision?
Françoise Tulkens THE EUROPEAN COURT OF HUMAN RIGHTS IS FIFTY RECENT TRENDS IN THE COURT’S JURISPRUDENCE 1 Françoise Tulkens Judge at the European Court of Human Rights 2* President of the Second Section. The European Convention on Human Rights (ECHR) is more than ever our common heritage (“patrimoine”) and in this respect we share a common responsibility at national and international level. As René Cassin noted in 1950, the Convention rights are the seeds of peace. They are also the “essential bridges to building the future” as defined by the President at the inauguration of the new Court of Human Rights on the 3 rd of November 1998. Nowadays, accession to the Convention is a prerequisite for joining the Council of Europe, formed in 1949 (in circumstances that warrant recall) in the aftermath of the Second World War. It has now opened its doors to an enlarged Europe stretching from Vladivostock to Coimbra so that it is important to hold fast to the “principles of pluralism, tolerance and broadmindedness without which there is no democratic society”. Today, perhaps the real issue here is how rights – especially human rights – are to be taken “seriously” to borrow Dworkin’s expression 3 . Human rights are neither an ideology nor a system of thought. If they are to have any meaningful bearing on the life of individuals and communities, they must be translated into action. This means that the recognition of human rights is inseparable from the machinery used to ensure their respect and protection. Against this background, the text of the Convention operates at two levels: the rights 1 The judgments and decisions of the European Court of Human Rights referred to in the text are available on the Court’s internet website, in the Hudoc database, at: www.echr.coe.int/echr/en/hudoc/ 2 This reflects my personal view, and not that of the Court. 3 R. Dworkin, Taking rights seriously, Cambridge, Harvard University Press, 1977. 3
Page 1: Contents Françoise Tulkens THE EUR
Page 5 and 6: The European Courtof Human Rights i
Page 45 and 46: Charlotte Skeet “CONSTITUTIONALIS
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“Constitutionalism and Judicial P
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Lucas Prakke SWAMPING THE LORDS, PA
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Swamping the Lords, Packing the Cou
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Avtandil Demetrashvili PARADIGMS 1
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Paradigms of Constitutionalism in G
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András Sajó CONSTITUTIONALISM AND
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Constitutionalism and Secularism: t
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Guarantees for Local Self-Governmen
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The Blank-Prose Crime of Aggression
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Kononov v. Latvia four people (thre
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Kononov v. Latvia DECISION OF THE C
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Kononov v. Latvia The Court found t
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