European Consensus And The Legitimacy Of The European Court Of Human Rights PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download European Consensus And The Legitimacy Of The European Court Of Human Rights PDF full book. Access full book title European Consensus And The Legitimacy Of The European Court Of Human Rights.
Author | : Kanstantsin Dzehtsiarou |
Publisher | : Cambridge University Press |
Total Pages | : 255 |
Release | : 2015-04-30 |
Genre | : Law |
ISBN | : 1107041031 |
Download European Consensus and the Legitimacy of the European Court of Human Rights Book in PDF, ePub and Kindle
The most comprehensive and critical analysis of the application of European consensus by the European Court of Human Rights.
Author | : Panos Kapotas |
Publisher | : Cambridge University Press |
Total Pages | : 503 |
Release | : 2019-01-17 |
Genre | : Law |
ISBN | : 1108473326 |
Download Building Consensus on European Consensus Book in PDF, ePub and Kindle
Presents a critical evaluation of a controversial interpretative tool the ECtHR uses to answer morally/politically sensitive human rights questions.
Author | : Spyridon Flogaitis |
Publisher | : Edward Elgar Publishing |
Total Pages | : 241 |
Release | : 2013-01-01 |
Genre | : Political Science |
ISBN | : 178254612X |
Download The European Court of Human Rights and its Discontents Book in PDF, ePub and Kindle
The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.
Author | : Jens T. Theilen |
Publisher | : |
Total Pages | : 499 |
Release | : 2021 |
Genre | : Electronic books |
ISBN | : 9783748925095 |
Download European Consensus Between Strategy and Principle Book in PDF, ePub and Kindle
This study offers a critical account of the reasoning employed by the European Court of Human Rights, particularly its references to European consensus. Based on an in-depth analysis of the Court's case-law against the backdrop of human rights theory, it will be of interest to both practitioners and theorists. While European consensus is often understood as providing an objective benchmark within the Court's reasoning, this study argues to the contrary that it forms part of the very structures of argument that render human rights law indeterminate. It suggests that foregrounding consensus and the Court's legitimacy serves to entrench the status quo and puts forward novel ways of approaching human rights to enable social transformation.
Author | : Panos Kapotas |
Publisher | : Cambridge University Press |
Total Pages | : 503 |
Release | : 2019-01-17 |
Genre | : Law |
ISBN | : 1108581919 |
Download Building Consensus on European Consensus Book in PDF, ePub and Kindle
Should prisoners have voting rights? Should terminally ill patients have a right to assisted suicide? Should same-sex couples have a right to marry and adopt? The book examines how such questions can be resolved within the framework of the European Convention of Human Rights. 'European consensus' is a tool of interpretation used by the European Court of Human Rights as a means to identify evolution in the laws and practices of national legal systems when addressing morally sensitive or politically controversial human rights questions. If European consensus exists, the Court can establish new human rights standards that will be binding across European states. The chapters of the book are structured around three themes: a) conceptualisation of European consensus, its modus operandi and its effects; b) critical evaluation of its legitimacy and of its outputs; c) comparison with similar methods of judicial interpretation in other legal systems.
Author | : Fiona de Londras |
Publisher | : Bloomsbury Publishing |
Total Pages | : 316 |
Release | : 2018-03-16 |
Genre | : Law |
ISBN | : 1509958657 |
Download Great Debates on the European Convention on Human Rights Book in PDF, ePub and Kindle
This engaging textbook provides a critical analysis of the legitimacy and effectiveness of the European Convention on Human Rights and its practical operation. In a succinct way, the book investigates questions around the legitimacy of how the European Court of Human Rights develops its law, the obligations of states to comply with its judgments, the adequacy of the Convention in securing basic goods, and the effectiveness of the system in protecting rights 'in the real world'. It assesses some under-explored areas of the Convention that are often overlooked. Presenting a number of debates about the legitimacy and effectiveness of the system in a provocative and critical style, this book encourages debate, discussion, and self-reflection on how, when and why the Convention protects human rights in Europe. An ideal text for Law students at English and Welsh universities and higher education institutions taking a module in The European Convention on Human Rights (LLB or LLM level), and for GDL/CPE students and those taking the postgraduate LPC training course.
Author | : Daniel Peat |
Publisher | : Cambridge University Press |
Total Pages | : 293 |
Release | : 2019-06-13 |
Genre | : Law |
ISBN | : 1108415474 |
Download Comparative Reasoning in International Courts and Tribunals Book in PDF, ePub and Kindle
This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
Author | : Rory O'Connell |
Publisher | : Cambridge University Press |
Total Pages | : 321 |
Release | : 2020-11-05 |
Genre | : Law |
ISBN | : 1107035074 |
Download Law, Democracy and the European Court of Human Rights Book in PDF, ePub and Kindle
Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.
Author | : Andreas Føllesdal |
Publisher | : |
Total Pages | : 441 |
Release | : 2013 |
Genre | : Electronic books |
ISBN | : 9781107065154 |
Download Constituting Europe Book in PDF, ePub and Kindle
An assessment of the European Court of Human Rights at the national, European and international levels.
Author | : Alice Donald |
Publisher | : Oxford University Press |
Total Pages | : 369 |
Release | : 2016-08-19 |
Genre | : Law |
ISBN | : 0191093157 |
Download Parliaments and the European Court of Human Rights Book in PDF, ePub and Kindle
The European system of human rights protection faces institutional and political pressures which threaten its very survival. These institional pressures stem from the backlog of applications before the European Court of Human Rights, the large number of its judgments that remain unimplemented, and the political pressures that arise from sustained attacks on the Court's legitimacy and authority, notably from politicians and jurists in the United Kingdom. This book addresses the theme which lies at the heart of these pressures: the role of national parliaments in the implementation of judgments of the Court. It combines theoretical and empirical insights into the role of parliaments in securing domestic compliance with the Court's decisions, and provides detailed investigation of five European states with differing records of human rights compliance and parliamentary mobilisation: Ukraine, Romania, the United Kingdom, Germany, and the Netherlands. How far are parliaments engaged in implementation, and how far should they be? Do parliaments advance or hinder human rights compliance? Is it ever justifiable for parliaments to defy judgments of the Court? And how significant is the role played by the Parliamentary Assembly of the Council of Europe? Drawing on the fields of international law, international relations, political science, and political philosophy, the book argues that adverse human rights judgments not only confer obligations on parliamentarians but also create opportunities for them to develop influential interpretations of human rights and enhance their own democratic legitimacy. It makes an authoritative contribution to debate about the future of the European and other supranational human rights mechanisms and the broader relationship between democracy, human rights, and legitimate authority.