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Author | : Jonas Christoffersen |
Publisher | : Oxford University Press |
Total Pages | : 255 |
Release | : 2011-06-09 |
Genre | : Law |
ISBN | : 0199694494 |
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Leading scholars and practitioners cast new light on the substantial jurisprudence and ongoing political reform of the European Court of Human Rights. The analysis in this edited collection traces the development of the supranational European human rights system and provides original insights into the challenges facing the Court.
Author | : Jonas Christoffersen |
Publisher | : OUP Oxford |
Total Pages | : 1115 |
Release | : 2013-09-05 |
Genre | : Law |
ISBN | : 0191509973 |
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The European Court of Human Rights between Law and Politics provides a comprehensive analysis of the origins and development of one of the most striking supranational judicial institutions. The book brings together leading scholars and practitioners to cast new light on the substantial jurisprudence and ongoing political reform of the Court. The broad analysis based on historical, legal, and social science perspectives provides new insights into the institutional crisis of the Court and identifies the lessons that can be learned for the future of the European Convention on Human Rights and Fundamental Freedoms. The European Court of Human Rights is in many ways is an unparalleled success. The Court embarked, during the 1970s, upon the development of a progressive and genuinely European jurisprudence. In the post-Cold War era, it went from being the guarantor of human rights solely in Western Europe to becoming increasingly involved in the transition to democracy and the rule of law in Eastern Europe. Now the protector of the human rights of some 800 million Europeans from 47 different countries, the European system is once again deeply challenged - this time by a massive case load and by the Member States' increased reluctance towards the Court. This book paves the way for a better understanding of the system and hence a better basis for choosing the direction of the next stage of development.
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 | : Petr Agha |
Publisher | : Bloomsbury Publishing |
Total Pages | : 367 |
Release | : 2017-08-24 |
Genre | : Law |
ISBN | : 1509902821 |
Download Human Rights Between Law and Politics Book in PDF, ePub and Kindle
This book analyses human rights in post-national contexts and demonstrates, through the case law of the European Court of Human Rights, that the Margin of Appreciation doctrine is an essential part of human rights adjudication. Current approaches have tended to stress the instrumental value of the Margin of Appreciation, or to give it a complementary role within the principle of proportionality, while others have been wholly critical of it. In contradiction to these approaches this volume shows that the doctrine is a genuinely normative principle capable of balancing conflicting values. It explores to what extent the tension between human rights and politics, embodied in the doctrine, might be understood as a mutually reinforcing interplay of variables rather than an entrenched separation. By linking the interpretation of the Margin of Appreciation doctrine to a broader conception of human rights, understood as complex political and moral norms, this volume argues that the doctrine can assist in the formulation of the common good in light of the requirements of the Convention.
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.
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.
Author | : Dia Anagnostou |
Publisher | : Edinburgh University Press |
Total Pages | : 256 |
Release | : 2013-04-22 |
Genre | : Law |
ISBN | : 0748670580 |
Download European Court of Human Rights Book in PDF, ePub and Kindle
Since the turn of the millennium, the European Court of Human Rights has been the transnational setting for a European-wide 'rights revolution'. One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give observable effect to its judgments. Dia Anagnostou explores the domestic execution of the European Court of Human Rights' judgments and dissects the variable patterns of implementation within and across states. She relates how marginalised individuals, civil society and minority actors strategically take recourse in the Strasbourg Court to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights have been little explored in the scholarly literature until now. By adopting an inter-disciplinary perspective, Anagnostou goes beyond the existing studies--mainly legal and descriptive--and contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics.
Author | : Thijmen Koopmans |
Publisher | : Cambridge University Press |
Total Pages | : 332 |
Release | : 2003-09-04 |
Genre | : Juvenile Nonfiction |
ISBN | : 9780521533997 |
Download Courts and Political Institutions Book in PDF, ePub and Kindle
Considers the relation between law and politics, including human rights, federalism and equal protection.
Author | : Geranne Lautenbach |
Publisher | : Oxford University Press |
Total Pages | : 273 |
Release | : 2013-11 |
Genre | : Law |
ISBN | : 0199671192 |
Download The Concept of the Rule of Law and the European Court of Human Rights Book in PDF, ePub and Kindle
Revision of author's thesis (doctoral)--University of Amsterdam, 2012.
Author | : Alain Zysset |
Publisher | : Routledge |
Total Pages | : 253 |
Release | : 2016-10-04 |
Genre | : Law |
ISBN | : 1317248120 |
Download The ECHR and Human Rights Theory Book in PDF, ePub and Kindle
The European Convention of Human Rights (ECHR) has been relatively neglected in the field of normative human rights theory. This book aims to bridge the gap between human rights theory and the practice of the ECHR. In order to do so, it tests the two overarching approaches in human rights theory literature: the ethical and the political, against the practice of the ECHR ‘system’. The book also addresses the history of the ECHR and the European Court of Human Rights (ECtHR) as an international legal and political institution. The book offers a democratic defence of the authority of the ECtHR. It illustrates how a conception of democracy – more specifically, the egalitarian argument for democracy developed by Thomas Christiano on the domestic level – can illuminate the reasoning of the Court, including the allocation of the margin of appreciation on a significant number of issues. Alain Zysset argues that the justification of the authority of the ECtHR – its prominent status in the domestic legal orders – reinforces the democratic process within States Parties, thereby consolidating our status as political equals in those legal and political orders.