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| 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 | : European Court of Human Rights |
| Publisher | : |
| Total Pages | : 4 |
| Release | : 1969 |
| Genre | : Human rights |
| ISBN | : |
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| Author | : European Court of Human Rights |
| Publisher | : |
| Total Pages | : 8 |
| Release | : 1984 |
| Genre | : Human rights |
| ISBN | : |
Download The European Court of Human Rights Book in PDF, ePub and Kindle
| Author | : European Court of Human Rights |
| Publisher | : |
| Total Pages | : |
| Release | : 1973 |
| Genre | : Human rights |
| ISBN | : |
Download The European Court of Human Rights Book in PDF, ePub and Kindle
| Author | : Jeroen Temperman |
| Publisher | : Cambridge University Press |
| Total Pages | : 771 |
| Release | : 2017-11-16 |
| Genre | : Law |
| ISBN | : 1108416918 |
Download Blasphemy and Freedom of Expression Book in PDF, ePub and Kindle
This book details the legal ramifications of existing anti-blasphemy laws and debates the legitimacy of such laws in Western liberal democracies.
| Author | : Niraja Gopal Jayal |
| Publisher | : Harvard University Press |
| Total Pages | : 454 |
| Release | : 2013-02-15 |
| Genre | : Political Science |
| ISBN | : 0674070992 |
Download Citizenship and Its Discontents Book in PDF, ePub and Kindle
Breaking new ground in scholarship, Niraja Jayal writes the first history of citizenship in the largest democracy in the world—India. Unlike the mature democracies of the west, India began as a true republic of equals with a complex architecture of citizenship rights that was sensitive to the many hierarchies of Indian society. In this provocative biography of the defining aspiration of modern India, Jayal shows how the progressive civic ideals embodied in the constitution have been challenged by exclusions based on social and economic inequality, and sometimes also, paradoxically, undermined by its own policies of inclusion. Citizenship and Its Discontents explores a century of contestations over citizenship from the colonial period to the present, analyzing evolving conceptions of citizenship as legal status, as rights, and as identity. The early optimism that a new India could be fashioned out of an unequal and diverse society led to a formally inclusive legal membership, an impulse to social and economic rights, and group-differentiated citizenship. Today, these policies to create a civic community of equals are losing support in a climate of social intolerance and weak solidarity. Once seen by Western political scientists as an anomaly, India today is a site where every major theoretical debate about citizenship is being enacted in practice, and one that no global discussion of the subject can afford to ignore.
| Author | : Sebastian Mitchell |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 267 |
| Release | : 2020-02-20 |
| Genre | : Literary Criticism |
| ISBN | : 1441172181 |
Download Utopia and Its Discontents Book in PDF, ePub and Kindle
Utopia and Its Discontents traces literary representations of ideal communities from Plato to the 21st century. Each chapter offers close readings of key utopian and anti-utopian texts to demonstrate how they construct, challenge and explore the ideas and forms of earlier utopian writings and the social and political ideals of their own periods. In this original and insightful study, Sebastian Mitchell demonstrates how literary utopias are often as much about the past as they are about the present and the future. Utopia and Its Discontents concludes by arguing against the idea that the utopian has been eclipsed by the dystopian in contemporary culture. Topics covered include: - Early political and philosophical authors, such as Plato and Thomas More - Literary works, from Jonathan Swift's Gulliver's Travels to George Orwell's Nineteen Eighty-Four - Speculative-fiction writers such as H.G. Wells, Aldous Huxley and Margaret Atwood - Ecological and feminist texts by Ernest Callenbach, Ursula Le Guin and Marge Piercy - Twenty-first century utopianism This is an essential study for scholars and students of utopian literature.
| Author | : William A. Schabas |
| Publisher | : Oxford University Press |
| Total Pages | : 1433 |
| Release | : 2015-09-24 |
| Genre | : Law |
| ISBN | : 019106677X |
Download The European Convention on Human Rights Book in PDF, ePub and Kindle
The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.
| Author | : Natalia Torres Zúñiga |
| Publisher | : Taylor & Francis |
| Total Pages | : 224 |
| Release | : 2022-07-05 |
| Genre | : Law |
| ISBN | : 1000597989 |
Download The Inter American Court of Human Rights Book in PDF, ePub and Kindle
This book provides a critical legal perspective on the legitimacy of international courts and tribunals. The volume offers a critique of ideology of two legal approaches to the legitimacy of the Inter-American Court of Human Rights (IACtHR) that portray it as a supranational tribunal whose last say on human rights protection has a transformative effect on the democracies of Latin America. The book shows how the discussion between these Latin American legal strands mirrors global trends in the study of the legitimacy of international courts related to the use of constitutional analogies and concepts such as the notion of judicial dialogue and the idea of democratic transformation. It also provides an in-depth analysis of how, through the use of those categories, legal experts studying the legitimacy of the IACtHR enact self-validation processes by making themselves the principal agents of transformation. These self-validation processes work as ideological apparatuses that reproduce and entrench the mindset that the legal discipline is a driving force of change in itself. Further, the book shows how profiling the Court as an agent of transformation diverts attention from the ways in which it has pursued a particular view of human rights and democracy in the region that creates and reproduces relations of inequality and domination. Rather than discarding the IACtHR, this book aims to de-centre the focus away from formal legal institutions, engaging with the idea that ordinary people can mobilise and define the content of law to transform their lives and territories. The book will be a valuable resource for scholars working in the areas of human rights law, law, public international law, legal theory, constitutional law, political science and legal philosophy.
| Author | : Ronagh J.A. McQuigg |
| Publisher | : Taylor & Francis |
| Total Pages | : 115 |
| Release | : 2024-01-16 |
| Genre | : Law |
| ISBN | : 1040003575 |
Download The European Convention on Human Rights and the COVID-19 Pandemic Book in PDF, ePub and Kindle
This book provides detailed analysis of the applicability of the provisions of the European Convention on Human Rights to issues raised by the COVID-19 pandemic. It encompasses in-depth discussion of the emerging jurisprudence of the European Court of Human Rights relating to issues arising from the pandemic. To date, a substantial number of complaints concerning such issues have been made to the Court. Human rights claims in the context of the pandemic fall into two broad categories: those based on arguments that states did not put in place sufficient measures to protect individuals from the virus and those entailing arguments that the measures put in place themselves involved breaches of rights. The essential question with which the European Court of Human Rights must grapple is how to adjudicate on the correct balance which should have been struck. The book argues that the Court should be cautious of finding breaches of the European Convention on Human Rights in cases involving public restrictions which were applied for the purpose of protecting life and health in response to a global pandemic. If the concept of a human rights violation is defined too broadly, it dilutes the seriousness of such a breach. In particular, it is argued that to preserve the legitimacy of human rights law, the Court must be cautious of applying an overly narrow margin of appreciation in such cases. The work will be of interest to academics, researchers and policymakers working in the area of human rights.
