Legal Services and the European Convention on Human Rights : Securing Private Rights and Public Interests

Abstract

Legal advice and representation are preconditions for human rights protection and the rule of law. But how are legal services secured in international law? This volume critically analyses the protection provided by the European Court of Human Rights’ case law, revealing practical and theoretical problems. It suggests that these can be resolved by recognising that, in addition to protecting individuals’ interests, the European Convention on Human Rights imposes an obligation on States to ensure a functioning legal services sector. Beyond the example of legal services, the study thus uncovers a further “constitutional” dimension to the Convention: its ability to create obligations on the States to protect public interests.