Article | Convention for the Protection of Human Rights and Fundamental Freedoms and Practice of Strasbourg Court in the Sources of Law Hierarchy of the Ukrainian Constitutional Law |
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Authors | Rabinovych S. |
Name of magazine | Legal journal «Law of Ukraine» (Russian version) |
Issue | 3-4 / 2012 |
Pages | 98 - 106 |
Annotation | The necessity of the approach oriented to law application as a basis for the resolution of problem of the national and international law correlation in the human rights sphere is substantiated. Interaction between the constitutional and conventional standards of such rights in application process of these standards appears as the main criterion of their real legal correlation. The conclusion about the necessity of purposeful interpretation of the constitutional article 8 provisions concerning its highest legal effect is among practical consequences of the approach. |
Keywords | constitutionality, conventionality, legal effect, sources of law hierarchy, national law and international law of human rights. |
References | |
Electronic version | Download |