The European Court of Human Rights between Law and Politics

The European Court of Human Rights between Law and Politics

Author: Jonas Christoffersen

Publisher: OUP Oxford

Published: 2013-09-05

Total Pages: 1115

ISBN-13: 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.


Book Synopsis The European Court of Human Rights between Law and Politics by : Jonas Christoffersen

Download or read book The European Court of Human Rights between Law and Politics written by Jonas Christoffersen and published by OUP Oxford. This book was released on 2013-09-05 with total page 1115 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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

Published: 2020-11-05

Total Pages: 321

ISBN-13: 1107035074

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


Book Synopsis Law, Democracy and the European Court of Human Rights by : Rory O'Connell

Download or read book Law, Democracy and the European Court of Human Rights written by Rory O'Connell and published by Cambridge University Press. This book was released on 2020-11-05 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.

Human Rights Between Law and Politics

Human Rights Between Law and Politics

Author: Petr Agha

Publisher: Bloomsbury Publishing

Published: 2017-08-24

Total Pages: 367

ISBN-13: 1509902821

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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.


Book Synopsis Human Rights Between Law and Politics by : Petr Agha

Download or read book Human Rights Between Law and Politics written by Petr Agha and published by Bloomsbury Publishing. This book was released on 2017-08-24 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The European Court of Human Rights

The European Court of Human Rights

Author: Helmut P. Aust

Publisher: Edward Elgar Publishing

Published: 2021-04-30

Total Pages: 296

ISBN-13: 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.


Book Synopsis The European Court of Human Rights by : Helmut P. Aust

Download or read book The European Court of Human Rights written by Helmut P. Aust and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

The European Court of Human Rights

Author: Angelika Nussberger

Publisher: Elements of International Law

Published: 2020

Total Pages: 257

ISBN-13: 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.


Book Synopsis The European Court of Human Rights by : Angelika Nussberger

Download or read book The European Court of Human Rights written by Angelika Nussberger and published by Elements of International Law. This book was released on 2020 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Concept of the Rule of Law and the European Court of Human Rights

The Concept of the Rule of Law and the European Court of Human Rights

Author: Geranne Lautenbach

Publisher: Oxford University Press

Published: 2013-11

Total Pages: 273

ISBN-13: 0199671192

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Revision of author's thesis (doctoral)--University of Amsterdam, 2012.


Book Synopsis The Concept of the Rule of Law and the European Court of Human Rights by : Geranne Lautenbach

Download or read book The Concept of the Rule of Law and the European Court of Human Rights written by Geranne Lautenbach and published by Oxford University Press. This book was released on 2013-11 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revision of author's thesis (doctoral)--University of Amsterdam, 2012.

Courts and Political Institutions

Courts and Political Institutions

Author: Thijmen Koopmans

Publisher: Cambridge University Press

Published: 2003-09-04

Total Pages: 332

ISBN-13: 9780521533997

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Considers the relation between law and politics, including human rights, federalism and equal protection.


Book Synopsis Courts and Political Institutions by : Thijmen Koopmans

Download or read book Courts and Political Institutions written by Thijmen Koopmans and published by Cambridge University Press. This book was released on 2003-09-04 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers the relation between law and politics, including human rights, federalism and equal protection.

The Right to Political Participation

The Right to Political Participation

Author: Taylor & Francis Group

Publisher: Routledge

Published: 2022-01-28

Total Pages: 456

ISBN-13: 9781032134444

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This book provides a comparative analysis of how judgments from the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACHR) affect political participation and electoral justice at the national level. Looking at specific countries, the work analyses the legal impact the implementation of the ECtHR and the IACtHR judgments has, with a specific focus on cases in which the regional court concerned uses the "democratic argument", that is, arguments related to democracy and political rights. The reasoning is that although democracy is a much wider concept, judgments concerning violations of political rights and electoral justice provide reliable indicators to assess the status and sustainability of democracy in a State. Moreover, the analysis of the violations of political rights and electoral justice allows an in-depth comparison between the two regional human rights systems. Mindful of the broader scope of the fall-out generated by the non-implementation of judgments, including in socio-economic terms, the book includes a section exploring how judgments issued by the ECtHR and the IACtHR affect voters' participation in the countries under their jurisdiction. To this end, an original dataset including the 47 member States of the Council of Europe and the 20 countries which recognised the adjudicatory jurisdiction of the IACtHR is built. Multidisciplinary in aim and scope of analysis, the book will be an invaluable resource for researchers, academics and policymakers working in the areas of constitutional law, international human rights law and political economy.


Book Synopsis The Right to Political Participation by : Taylor & Francis Group

Download or read book The Right to Political Participation written by Taylor & Francis Group and published by Routledge. This book was released on 2022-01-28 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative analysis of how judgments from the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACHR) affect political participation and electoral justice at the national level. Looking at specific countries, the work analyses the legal impact the implementation of the ECtHR and the IACtHR judgments has, with a specific focus on cases in which the regional court concerned uses the "democratic argument", that is, arguments related to democracy and political rights. The reasoning is that although democracy is a much wider concept, judgments concerning violations of political rights and electoral justice provide reliable indicators to assess the status and sustainability of democracy in a State. Moreover, the analysis of the violations of political rights and electoral justice allows an in-depth comparison between the two regional human rights systems. Mindful of the broader scope of the fall-out generated by the non-implementation of judgments, including in socio-economic terms, the book includes a section exploring how judgments issued by the ECtHR and the IACtHR affect voters' participation in the countries under their jurisdiction. To this end, an original dataset including the 47 member States of the Council of Europe and the 20 countries which recognised the adjudicatory jurisdiction of the IACtHR is built. Multidisciplinary in aim and scope of analysis, the book will be an invaluable resource for researchers, academics and policymakers working in the areas of constitutional law, international human rights law and political economy.

Human Rights Law in Europe

Human Rights Law in Europe

Author: Kanstantsin Dzehtsiarou

Publisher: Routledge

Published: 2014-03-21

Total Pages: 398

ISBN-13: 1135971935

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This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.


Book Synopsis Human Rights Law in Europe by : Kanstantsin Dzehtsiarou

Download or read book Human Rights Law in Europe written by Kanstantsin Dzehtsiarou and published by Routledge. This book was released on 2014-03-21 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.

European Court of Human Rights

European Court of Human Rights

Author: Dia Anagnostou

Publisher: Edinburgh University Press

Published: 2013-04-22

Total Pages: 256

ISBN-13: 0748670580

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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.


Book Synopsis European Court of Human Rights by : Dia Anagnostou

Download or read book European Court of Human Rights written by Dia Anagnostou and published by Edinburgh University Press. This book was released on 2013-04-22 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.