Entitled “Fair Balance: Proportionality, Subsidiarity and Primarity in the European Convention on Human Rights” Dr Joan Christoffersen’s new book examines the fundamental practical and theoretical problems facing the Convention and the work of the European Court of Human Rights in Strasbourg.
According to a former president of the European Court of Human Rights, Professor Luzius Wildhaber:
“Jonas Christoffersen’s book is undoubtedly one of the most important publications on the Convention and the Court in recent years. Such is his mastery of both the details and the overall picture that he exhibits a keen sense of what is the reality of the Strasbourg mechanisms. As the author discusses and appraises these major notions, he brings a fresh, coherent and innovative order into well-known battle zones. Again and again I have found his views helpful and realistic, sometimes challenging, but always well worth studying. Given the breadth of Christoffersen’s ambition, one could always find points to quibble about. But there is no doubt that this is an enriching and immensely learned book.”
The book revolves around the Court’s fair balance-test and comprises in-depth analyses of subjects such as methods of interpretation, proportionality, the least onerous means-test, the notion of absolute rights, subsidiarity, formal and substantive principles, evidentiary standards, proceduralisation of substantive rights.
The author coins the term “primarity” in order to clarify the obligation of the Contracting Parties to implement the Convention in domestic law.
Based on a PhD dissertation, which Dr Christoffersen submitted in 2008, the book fills an important gap in the field of European human rights studies and will be welcomed by both experts and lawyers working in this area.
For further information, please contact Brendan Sweeney at