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The European Court of Human Rights

The European Court of Human Rights
Author: Angelika Nussberger
Publisher: Elements of International Law
Total Pages: 257
Release: 2020
Genre: Law
ISBN: 0198849648

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Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.


Law, Democracy and the European Court of Human Rights

Law, Democracy and the European Court of Human Rights
Author: Rory O'Connell
Publisher: Cambridge University Press
Total Pages: 321
Release: 2020-11-05
Genre: Law
ISBN: 1107035074

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Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.


Can the European Court of Human Rights Shape European Public Order?

Can the European Court of Human Rights Shape European Public Order?
Author: Kanstantsin Dzehtsiarou
Publisher: Cambridge University Press
Total Pages: 251
Release: 2021-12-02
Genre: Law
ISBN: 1108752349

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In this book, Kanstantsin Dzehtsiarou argues that, from the legal perspective, the formula 'European public order' is excessively vague and does not have an identifiable meaning; therefore, it should not be used by the European Court of Human Rights (ECtHR) in its reasoning. However, European public order can also be understood as an analytical concept which does not require a clearly defined content. In this sense, the ECtHR can impact European public order but cannot strategically shape it. The Court's impact is a by-product of individual cases which create a feedback loop with the contracting states. European public order is influenced as a result of interaction between the Court and the contracting parties. This book uses a wide range of sources and evidence to substantiate its core arguments: from a comprehensive analysis of the Court's case law to research interviews with the judges of the ECtHR.


The European Court of Human Rights

The European Court of Human Rights
Author: Helmut P. Aust
Publisher: Edward Elgar Publishing
Total Pages: 296
Release: 2021-04-30
Genre: Law
ISBN: 1839108347

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This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.


The European Court of Human Rights and its Discontents

The European Court of Human Rights and its Discontents
Author: Spyridon Flogaitis
Publisher: Edward Elgar Publishing
Total Pages: 241
Release: 2013-01-01
Genre: Political Science
ISBN: 178254612X

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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.


Russia and the European Court of Human Rights

Russia and the European Court of Human Rights
Author: Lauri Mälksoo
Publisher: Cambridge University Press
Total Pages: 444
Release: 2017-11-16
Genre: Political Science
ISBN: 1108246591

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Why has there been a human rights backlash in Russia despite the country having been part of the European human rights protection system since the late 1990s? To what extent does Russia implement judgments of the Strasbourg Court, and to what extent does it resist the implementation? This fascinating study investigates Russia's turbulent relationship with the European Court of Human Rights and examines whether the Strasbourg court has indeed had the effect of increasing the protection of human rights in Russia. Researchers and scholars of law and political science with a particular interest in human rights and Russia will benefit from this in-depth exploration of the background of this subject.


Aliens Before the European Court of Human Rights

Aliens Before the European Court of Human Rights
Author: David Moya
Publisher: Immigration and Asylum Law and
Total Pages: 308
Release: 2021-06-24
Genre: Law
ISBN: 9789004465688

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"This volume conducts an in-depth analysis of the ECtHR's case law in the area of migration and asylum, exploring the role of the Court in this area of law. Each chapter deals with the case law on one specific ECHR article that is relevant for migrants, asylum seekers and refugees. In addition, the volume is enriched by two additional studies which deal with issues that are treated in a transversal manner, namely vulnerability and the margin of appreciation. The volume systematises the case law on aliens' rights under the ECHR, offering readers the chance to familiarise themselves with or gain deeper insight into the main principles the Strasbourg court applies in its case law regarding aliens." --


Criticism of the European Court of Human Rights

Criticism of the European Court of Human Rights
Author: Patricia Popelier
Publisher:
Total Pages: 0
Release: 2016
Genre: Civil rights
ISBN: 9781780684017

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The goal of the volume is to explore how widespread criticism of the European Court of Human Rights is. It also assesses to what extent such criticism is being translated in strategies at the political level or at the judicial level and brings about concrete changes in the dynamics between national and European fundamental rights protection.


European Consensus and the Legitimacy of the European Court of Human Rights

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

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The most comprehensive and critical analysis of the application of European consensus by the European Court of Human Rights.


The European Court of Human Rights and the Freedom of Religion or Belief

The European Court of Human Rights and the Freedom of Religion or Belief
Author: Jeroen Temperman
Publisher: BRILL
Total Pages: 630
Release: 2019-01-04
Genre: Law
ISBN: 9004346902

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The European Court of Human Rights and the Freedom of Religion or Belief is the first systematic analyis of the Court's first twenty-five years of jurisprudence on one of the most hotly contested areas of human rights.