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The article discusses the gap-filling and judicial activism in the case law of the European Court of Human Rights. Topics discussed include surveying the methods and principles of interpretation developed by the European Court, infringement of human right through gaps in the national laws, and tendency of promoting the convergence of civil law and common law jurisdictions.

This article offers a new interpretation - the 'constitutional constraint' model - of the duty the Human Rights Act imposes on the courts to give horizontal effect to European Convention rights through the common law. The model requires courts to develop the common law compatibly with the Convention, but only where compatibility can be achieved by incremental development. We argue that models requiring more than incremental development are unsustainable; that deep constitutional norms compel the constraint of incrementalism, which is preserved under the HRA; and that by virtue of section 2 of the HRA, Convention rights function as principles rather than hard-edged rights in this context. This further undermines the idea that the courts must strictly apply Convention rights and cannot allow them to be overridden by non- Convention factors. The final section explores the nature of incrementalism in this context and the impact of the model on the doctrine of judicial precedent. [ABSTRACT FROM AUTHOR]

The book analyzes the «margin of appreciation doctrine» in the jurisprudence of the European Court of Human Rights from the viewpoint of the formation of a European common law of fundamental rights oriented towards the integration of Europe. [ABSTRACT FROM AUTHOR]

In a recent judgment in the Efstathiou case, the Assize Court of Nicosia, Cyprus, acquitted ten Policemen charged with criminal of fences related to alleged beating in 2005 of two Cypriot students. That verdict led to spontaneous reactions across the country, with people publicly protesting against and criticizing the judiciary. Among those that made scathing public comments were the Attorney-General of Cyprus and senior Cypriot lawyers. In its judgment, the court had suggested that media comments about the case unduly interfered with the fair trial of the case and amounted to contempt of court. On the whole, this case raises the issues of independence of the judiciary, trial by media and fair trial. There are two opposing views on the propriety or otherwise of the media coverage of the case as well as on whether, and if so, to what extent, the judiciary can be properly criticized. Essentially, this article seeks to consider the issues of judicial independence, trial by media and fair trial as well as the closely associated issue of contempt of court arising from the Efstathiou case and in relation to the common-law rooted Cypriot legal system. It argues that the right to fair trial is an inseparable part of a democratic society and that while the right to freedom of expression is a fundamental human right and undoubtedly the bulwark of a democratic society, it is not realizable without an independent judiciary which is equally indispensable in a democratic society. Hence, there is a great need to recognize the limits of the right to freedom of expression in order to sustain the independence of the judiciary and ensure the right to a fair trial. [ABSTRACT FROM AUTHOR]

The article analyzes the freedom of expression in Great Britain under the Human Rights Act 1998. It offers a comparison between the European Convention right and the common law freedom relative to freedom of expression. Also noted are legislation restricting the freedom, one of which is the Serious Organised Crime and Police Act of 2005. The general freedom of expression questions addressed by English courts since the incorporation of the right protected by the European Convention are discussed.

The article presents a list of European legislation mentioned in Volume 35 of the "Common Law World Review." They include Protocol 1, Article 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) and Article 85 of the Treaty Establishing the European Community 1957 (Treaty of Rome).