Andrew Mowbray
Biographic Data
| ID | 10575093 |
|---|---|
| NAME | Andrew Mowbray |
| GIVEN NAMES | Andrew |
| FAMILY NAME | Mowbray |
| SIGNATURE | MOWBRAY A |
| AFFILIATIONS | University of Nottingham |
| ORCID | 0000-0002-3667-0706 |
| VERIFIED | Yes |
| TOTAL WORKS | 19 |
| TOTAL CITATIONS | 7 |
| WORKS AS AUTHOR | 19 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2001 |
| LATEST PUBLICATION YEAR | 2015 |
| H-INDEX | 1 |
Subsidiarity and the European Convention on Human Rights
Theoretical views on the concept of subsidiarity are examined followed by an analysis of the origins of the principle of subsidiarity within the ECHR. The Court’s utilisation of the principle, as disclosed by the jurisprudence, is studied across three time periods encompassing the original part-time Court, the first decade of the full-time Court and the post-Interlaken era. This is supplemented by a consideration of some quantitative data, derive…
A Study of the Principle of Fair Balance in the Jurisprudence of the European Court of Human Rights
This study begins by examining the origins of the fair balance principle. There follows an analysis of the application of the principle across a range of rights and freedoms guaranteed by the European Convention on Human Rights. The functions performed by the fair balance principle, together with the factors assessed by the Court when utilising the principle are distilled from the case-law. Conclusions are drawn as to the relationship between the…
An Examination of the European Court of Human Rights' Approach to Overruling its Previous Case Law
The article begins with a consideration of the views of commentators, from both inside and outside the Strasbourg system, as to the nature of precedent within the jurisprudence of the Court. The approach of the original Court is then examined. This is compared with the contemporary case law of the full-time Court and three justifications for overruling established rulings are identified in the modern jurisprudence. Institutional features of the o…
Crisis Measures of Institutional Reform for the European Court of Human Rights
The ever increasing difficulties that the European Court of Human Rights (‘Court’) has faced in handling the remorseless increase in applications being lodged with it has been a topic regularly analysed in this journal. 1 Indeed, the first issue contained an examination of the emerging backlog of cases and President Wildhaber’s initial thoughts on institutional reform of the full-time Court. 2 In 2007 we noted the Russian Duma’s rejection of Prot…
Michael D. Goldhaber, A People's History of the European Court of Human Rights
Unlike most of the books reviewed in this journal, Mr Goldhaber's unique and fascinating work is not the product of pure academic research, but instead represents the exercise of a legal journalist's professional skills as an interviewer combined with extensive reading of the academic literature. What the author has done is to seek out the applicants in a number of leading cases determined by the Court over the last thirty years and explore their…
Faltering Steps on the Path to Reform of the Strasbourg Enforcement System
As we examined in a previous issue of the Review , 1 the Group of Wise Persons (GWP) established by the Heads of State and Government of the Council of Europe in 2005 to develop proposals for safeguarding the long-term effectiveness of the international control system under the European Convention on Human Rights (ECHR) issued an interim report in May 2006. 2 In that report, the GWP ‘stressed the need for [Protocol 14] to enter rapidly into force…
Military Judges and the Right to a Fair Trial
In two previous issues of this journal we have examined different stages in the complaints made by Abdullah Öcalan, the original leader of the PKK (Workers’ Party of Kurdistan), against Turkey. 1 Now, the Grand Chamber of the European Court of Human Rights (‘Court’) has given judgment, under Article 43 of the European Convention on Human Rights (‘Convention’), on the re-hearing of the Chamber's decision in Öcalan v Turkey . 2 Overall, the Grand C…
A New Strasbourg Approach to the Legal Consequences of Interim Measures
A Grand Chamber of the European Court of Human Rights (‘Court’) pronounced a radical analysis of the consequences under the European Convention on Human Rights (‘Convention’) when a State fails to abide by the indication of interim measures in the case of Mamatkulov and Askarov v Turkey.1 The applicants were Uzbek nationals who had been arrested in Turkey. The police detained Mamatkulov as he arrived at Istanbul airport under an international pol…
A New Strasbourg Approach to the Legal Consequences of Interim Measures
Journal Article A New Strasbourg Approach to the Legal Consequences of Interim Measures Get access Alastair Mowbray Alastair Mowbray * Professor of Public Law, University of Nottingham Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 5, Issue 2, 2005, Pages 377–386, https://doi.org/10.1093/hrlr/ngi023 Published: 01 June 2005
Institutional Developments and Recent Strasbourg Cases
Monaco became the 46th member of the Council of Europe on 5 October 2004. 1 At the same time Monaco signed the European Convention on Human Rights (Convention). 2 So, in due course, another micro-State will be eligible to nominate a judge to sit on the European Court of Human Rights (Court), leaving Belarus as the only European State not to be a member of the Council of Europe. The President of the European Court of Human Rights, Luzius Wildhaber…
The Creativity of the European Court of Human Rights
Journal Article The Creativity of the European Court of Human Rights Get access Alastair Mowbray Alastair Mowbray Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 5, Issue 1, 2005, Pages 57–79, https://doi.org/10.1093/hrlrev/ngi003 Published: 01 March 2005
European Convention on Human Rights
EUROPEAN CONVENTION ON HUMAN RIGHTS: THE ISSUING OF PRACTICE DIRECTIONS AND RECENT CASES Get access Alastair Mowbray Alastair Mowbray Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 4, Issue 1, Spring 2004, Pages 151–174, https://doi.org/10.1093/hrlr/4.1.151 Published: 01 March 2004
Protocol 14 to the European Convention on Human Rights and Recent Strasbourg Cases
Journal Article PROTOCOL 14 TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND RECENT STRASBOURG CASES Get access Alastair Mowbray Alastair Mowbray Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 4, Issue 2, Autumn 2004, Pages 331–354, https://doi.org/10.1093/hrlr/4.2.331 Published: 01 October 2004
European Convention on Human Rights
EUROPEAN CONVENTION ON HUMAN RIGHTS: INSTITUTIONAL REFORMS PROPOSALS AND RECENT CASES Get access Alastair Mowbray Alastair Mowbray Professor of Public Law Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 3, Issue 2, Autumn 2003, Pages 301–321, https://doi.org/10.1093/hrlr/3.2.301 Published: 01 October 2003
European Convention on Human Rights
The European Convention on Human Rights
Alastair Mowbray; THE EUROPEAN CONVENTION ON HUMAN RIGHTS: THE ABOLITION OF CAPITAL PUNISHMENT AND RECENT CASES, Human Rights Law Review, Volume 2, Issue 2, 1 O
European Convention on Human Rights
Journal Article EUROPEAN CONVENTION ON HUMAN RIGHTS: REPORT OF THE EVALUATION GROUP AND RECENT CASES Get access Alastair Mowbray Alastair Mowbray Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 2, Issue 1, Spring 2002, Pages 127–145, https://doi.org/10.1093/hrlr/2.1.127 Published: 01 March 2002
European Convention on Human Rights
EUROPEAN CONVENTION ON HUMAN RIGHTS: THE 12th PROTOCOL AND RECENT CASES Get access Alastair Mowbray Alastair Mowbray Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 1, Issue 1, Spring 2001, Pages 127–144, https://doi.org/10.1093/hrlr/1.1.127 Published: 01 March 2001
European Convention on Human Rights
The Creativity of the European Court of Human Rights
Journal Article The Creativity of the European Court of Human Rights Get access Alastair Mowbray Alastair Mowbray Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 5, Issue 1, 2005, Pages 57–79, https://doi.org/10.1093/hrlrev/ngi003 Published: 01 March 2005
Subsidiarity and the European Convention on Human Rights
Theoretical views on the concept of subsidiarity are examined followed by an analysis of the origins of the principle of subsidiarity within the ECHR. The Court’s utilisation of the principle, as disclosed by the jurisprudence, is studied across three time periods encompassing the original part-time Court, the first decade of the full-time Court and the post-Interlaken era. This is supplemented by a consideration of some quantitative data, derive…
Crisis Measures of Institutional Reform for the European Court of Human Rights
The ever increasing difficulties that the European Court of Human Rights (‘Court’) has faced in handling the remorseless increase in applications being lodged with it has been a topic regularly analysed in this journal. 1 Indeed, the first issue contained an examination of the emerging backlog of cases and President Wildhaber’s initial thoughts on institutional reform of the full-time Court. 2 In 2007 we noted the Russian Duma’s rejection of Prot…
European Convention on Human Rights
Journal Article EUROPEAN CONVENTION ON HUMAN RIGHTS: REPORT OF THE EVALUATION GROUP AND RECENT CASES Get access Alastair Mowbray Alastair Mowbray Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 2, Issue 1, Spring 2002, Pages 127–145, https://doi.org/10.1093/hrlr/2.1.127 Published: 01 March 2002
European Convention on Human Rights
EUROPEAN CONVENTION ON HUMAN RIGHTS: THE 12th PROTOCOL AND RECENT CASES Get access Alastair Mowbray Alastair Mowbray Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 1, Issue 1, Spring 2001, Pages 127–144, https://doi.org/10.1093/hrlr/1.1.127 Published: 01 March 2001
European Convention on Human Rights
The European Convention on Human Rights
Alastair Mowbray; THE EUROPEAN CONVENTION ON HUMAN RIGHTS: THE ABOLITION OF CAPITAL PUNISHMENT AND RECENT CASES, Human Rights Law Review, Volume 2, Issue 2, 1 O
European Convention on Human Rights
Journal Article EUROPEAN CONVENTION ON HUMAN RIGHTS: REPORT OF THE EVALUATION GROUP AND RECENT CASES Get access Alastair Mowbray Alastair Mowbray Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 2, Issue 1, Spring 2002, Pages 127–145, https://doi.org/10.1093/hrlr/2.1.127 Published: 01 March 2002
European Convention on Human Rights
EUROPEAN CONVENTION ON HUMAN RIGHTS: INSTITUTIONAL REFORMS PROPOSALS AND RECENT CASES Get access Alastair Mowbray Alastair Mowbray Professor of Public Law Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 3, Issue 2, Autumn 2003, Pages 301–321, https://doi.org/10.1093/hrlr/3.2.301 Published: 01 October 2003
European Convention on Human Rights
European Convention on Human Rights
EUROPEAN CONVENTION ON HUMAN RIGHTS: THE ISSUING OF PRACTICE DIRECTIONS AND RECENT CASES Get access Alastair Mowbray Alastair Mowbray Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 4, Issue 1, Spring 2004, Pages 151–174, https://doi.org/10.1093/hrlr/4.1.151 Published: 01 March 2004
Protocol 14 to the European Convention on Human Rights and Recent Strasbourg Cases
Journal Article PROTOCOL 14 TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND RECENT STRASBOURG CASES Get access Alastair Mowbray Alastair Mowbray Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 4, Issue 2, Autumn 2004, Pages 331–354, https://doi.org/10.1093/hrlr/4.2.331 Published: 01 October 2004
A New Strasbourg Approach to the Legal Consequences of Interim Measures
A Grand Chamber of the European Court of Human Rights (‘Court’) pronounced a radical analysis of the consequences under the European Convention on Human Rights (‘Convention’) when a State fails to abide by the indication of interim measures in the case of Mamatkulov and Askarov v Turkey.1 The applicants were Uzbek nationals who had been arrested in Turkey. The police detained Mamatkulov as he arrived at Istanbul airport under an international pol…
A New Strasbourg Approach to the Legal Consequences of Interim Measures
Journal Article A New Strasbourg Approach to the Legal Consequences of Interim Measures Get access Alastair Mowbray Alastair Mowbray * Professor of Public Law, University of Nottingham Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 5, Issue 2, 2005, Pages 377–386, https://doi.org/10.1093/hrlr/ngi023 Published: 01 June 2005
Institutional Developments and Recent Strasbourg Cases
Monaco became the 46th member of the Council of Europe on 5 October 2004. 1 At the same time Monaco signed the European Convention on Human Rights (Convention). 2 So, in due course, another micro-State will be eligible to nominate a judge to sit on the European Court of Human Rights (Court), leaving Belarus as the only European State not to be a member of the Council of Europe. The President of the European Court of Human Rights, Luzius Wildhaber…
The Creativity of the European Court of Human Rights
Journal Article The Creativity of the European Court of Human Rights Get access Alastair Mowbray Alastair Mowbray Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 5, Issue 1, 2005, Pages 57–79, https://doi.org/10.1093/hrlrev/ngi003 Published: 01 March 2005
Military Judges and the Right to a Fair Trial
In two previous issues of this journal we have examined different stages in the complaints made by Abdullah Öcalan, the original leader of the PKK (Workers’ Party of Kurdistan), against Turkey. 1 Now, the Grand Chamber of the European Court of Human Rights (‘Court’) has given judgment, under Article 43 of the European Convention on Human Rights (‘Convention’), on the re-hearing of the Chamber's decision in Öcalan v Turkey . 2 Overall, the Grand C…
Faltering Steps on the Path to Reform of the Strasbourg Enforcement System
As we examined in a previous issue of the Review , 1 the Group of Wise Persons (GWP) established by the Heads of State and Government of the Council of Europe in 2005 to develop proposals for safeguarding the long-term effectiveness of the international control system under the European Convention on Human Rights (ECHR) issued an interim report in May 2006. 2 In that report, the GWP ‘stressed the need for [Protocol 14] to enter rapidly into force…
Michael D. Goldhaber, A People's History of the European Court of Human Rights
Unlike most of the books reviewed in this journal, Mr Goldhaber's unique and fascinating work is not the product of pure academic research, but instead represents the exercise of a legal journalist's professional skills as an interviewer combined with extensive reading of the academic literature. What the author has done is to seek out the applicants in a number of leading cases determined by the Court over the last thirty years and explore their…
An Examination of the European Court of Human Rights' Approach to Overruling its Previous Case Law
The article begins with a consideration of the views of commentators, from both inside and outside the Strasbourg system, as to the nature of precedent within the jurisprudence of the Court. The approach of the original Court is then examined. This is compared with the contemporary case law of the full-time Court and three justifications for overruling established rulings are identified in the modern jurisprudence. Institutional features of the o…
Crisis Measures of Institutional Reform for the European Court of Human Rights
The ever increasing difficulties that the European Court of Human Rights (‘Court’) has faced in handling the remorseless increase in applications being lodged with it has been a topic regularly analysed in this journal. 1 Indeed, the first issue contained an examination of the emerging backlog of cases and President Wildhaber’s initial thoughts on institutional reform of the full-time Court. 2 In 2007 we noted the Russian Duma’s rejection of Prot…
A Study of the Principle of Fair Balance in the Jurisprudence of the European Court of Human Rights
This study begins by examining the origins of the fair balance principle. There follows an analysis of the application of the principle across a range of rights and freedoms guaranteed by the European Convention on Human Rights. The functions performed by the fair balance principle, together with the factors assessed by the Court when utilising the principle are distilled from the case-law. Conclusions are drawn as to the relationship between the…
Subsidiarity and the European Convention on Human Rights
Theoretical views on the concept of subsidiarity are examined followed by an analysis of the origins of the principle of subsidiarity within the ECHR. The Court’s utilisation of the principle, as disclosed by the jurisprudence, is studied across three time periods encompassing the original part-time Court, the first decade of the full-time Court and the post-Interlaken era. This is supplemented by a consideration of some quantitative data, derive…
Law (19 works) · Political science (19 works) · Human rights (16 works) · Convention (15 works) · European and International Law Studies (13 works) · European Criminal Justice and Data Protection (8 works) · International Law and Human Rights (8 works) · Judicial and Constitutional Studies (6 works) · Ombudsman and Human Rights (5 works) · Sociology (5 works)