A Constitutionalist Approach To The European Convention On Human Rights

A Constitutionalist Approach To The European Convention On Human Rights Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of A Constitutionalist Approach To The European Convention On Human Rights book. This book definitely worth reading, it is an incredibly well-written.

A Constitutionalist Approach to the European Convention on Human Rights

Lisa Sonnleitner
A Constitutionalist Approach to the European Convention on Human Rights Book PDF

Author : Lisa Sonnleitner
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 51,6 Mb
Release : 2022-04-21
Category : Law
ISBN : 9781509946891

Get Book

A Constitutionalist Approach to the European Convention on Human Rights by Lisa Sonnleitner Pdf

This book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional principles are balanced with each other. The author argues that there are three possible interpretive approaches in time-sensitive interpretations of the ECHR, but that only one of them is justifiable by reference to the constitutional principles of the ECHR in every single case. The ECHR's constitutional principles either require an evolutive or static interpretation or they do not establish a preference relation at all, which leads to a margin of appreciation of the member states in the interpretation of the Convention. The balancing model requires the determination of the weights of the competing evolutive and static constitutional principles. For this purpose, the author defines weighting factors for determining the importance of evolutive or static interpretation in a concrete case.

The European Court of Human Rights

Helmut P. Aust,Esra Demir-Gürsel
The European Court of Human Rights Book PDF

Author : Helmut P. Aust,Esra Demir-Gürsel
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 49,7 Mb
Release : 2021-04-30
Category : Law
ISBN : 9781839108341

Get Book

The European Court of Human Rights by Helmut P. Aust,Esra Demir-Gürsel Pdf

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.

A Cosmopolitan Legal Order

Alec Stone Sweet,Clare Ryan
A Cosmopolitan Legal Order Book PDF

Author : Alec Stone Sweet,Clare Ryan
Publisher : Oxford University Press
Page : 305 pages
File Size : 50,8 Mb
Release : 2018
Category : Law
ISBN : 9780198825340

Get Book

A Cosmopolitan Legal Order by Alec Stone Sweet,Clare Ryan Pdf

This book provides an accessible introduction to Kantian constitutional theory and the law and politics of European rights protection. Part I sets out Kant's blueprint for achieving Perpetual Peace, and to the elaboration of a Kantian-congruent model of constitutional justice, both within and beyond the nation state. Part II applies this theoretical framework to explain the gradual constitutionalization of a cosmopolitan legal order a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. The book argues that this order has emerged in Europe thanks to the combined effects of Protocol no. 11 (1998) of the European Convention on Human Rights and the incorporation of the Convention into national law. The book covers the strengthening of the Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to "qualified" rights, including privacy and family life, freedoms of speech, assembly, the press, conscience, and religion; the robust enforcement of "absolute" rights, including the prohibition of torture and inhuman treatment; and the Court's aim to render justice to all people that come under its jurisdiction, even non-citizens who live - and whose rights are violated - beyond Europe. It explains how the European Court of Human Rights has become one of the most active and important advocates for human rights in the world, while helping to construct a nascent cosmopolitan constitution in Europe.

The Constitutional Relevance of the ECHR in Domestic and European Law

Giorgio Repetto
The Constitutional Relevance of the ECHR in Domestic and European Law Book PDF

Author : Giorgio Repetto
Publisher : Intersentia Uitgevers N V
Page : 251 pages
File Size : 44,6 Mb
Release : 2013
Category : Law
ISBN : 1780681186

Get Book

The Constitutional Relevance of the ECHR in Domestic and European Law by Giorgio Repetto Pdf

In recent years, the European Convention on Human Rights (ECHR) gained unexpected relevance in the European constitutional culture. On the one hand, its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights' reputation vis-a-vis the Member States. On the other hand, and even more importantly, the ECHR's significance arises from a changing perception of its constitutional potential. Starting with the assumption that the ECHR is transforming the European constitutional landscape, this book shows that the European Convention raises unprecedented problems that involve, first of all, its own theoretical status as constitutional instrument that ensures the protection of human rights in Europe. Changing paradigms concerning its incorporation in domestic law, as well as the growing conflicts about the protection of some rights and liberties that are deeply rooted in national legal contexts (such as teaching of religion, bio law, and rights of political minorities), are jointly examined in order to offer a unified methodology for the study of European constitutional law centered upon human rights. For a detailed analysis of these issues, the book examines the different facets of the ECHR's constitutional relevance by separating the ECHR's role as a 'factor of Europeanization' for national constitutional systems (Part I) from its role as a veritable European transnational constitution in the field of human rights (Part II). Written for legal scholars focusing on the emerging trends of European and transnational constitutional law, the book investigates the basic tenets of the role of the ECHR as a cornerstone of European constitutionalism.

The European Convention on Human Rights

Loukis Loucaides
The European Convention on Human Rights Book PDF

Author : Loukis Loucaides
Publisher : BRILL
Page : 287 pages
File Size : 50,9 Mb
Release : 2007-10-15
Category : Law
ISBN : 9789047422259

Get Book

The European Convention on Human Rights by Loukis Loucaides Pdf

This book comprises 13 articles on topics drawn from the European Convention on Human Rights. The book provides the reader with interesting information on aspects of Human Rights explored for the first time and presented from a critical standpoint.

Human Rights Law in Europe

Kanstantsin Dzehtsiarou,Theodore Konstadinides,Tobias Lock,Noreen O'Meara
Human Rights Law in Europe Book PDF

Author : Kanstantsin Dzehtsiarou,Theodore Konstadinides,Tobias Lock,Noreen O'Meara
Publisher : Routledge
Page : 398 pages
File Size : 41,7 Mb
Release : 2014-03-21
Category : Law
ISBN : 9781135971939

Get Book

Human Rights Law in Europe by Kanstantsin Dzehtsiarou,Theodore Konstadinides,Tobias Lock,Noreen O'Meara Pdf

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.

Human Rights Protection in the European Legal Order

Patricia Popelier,Catherine van de Heyning,Piet Van Nuffel
Human Rights Protection in the European Legal Order Book PDF

Author : Patricia Popelier,Catherine van de Heyning,Piet Van Nuffel
Publisher : Unknown
Page : 0 pages
File Size : 41,6 Mb
Release : 2011
Category : Human rights
ISBN : 1780680104

Get Book

Human Rights Protection in the European Legal Order by Patricia Popelier,Catherine van de Heyning,Piet Van Nuffel Pdf

Ensuring the protection of human rights in Europe has become a highly complex exercise. Where courts are faced with a human rights claim, they not only have to examine the validity of that claim, but they also need to have a clear understanding of the human rights catalogue that is to be applied (i.e. human rights as guaranteed by the national constitution, human rights as protected under EU law, based or not on the Charter, and human rights as identified in the European Convention of Human Rights). This book zooms in on various aspects of the interaction between courts in the complex European system of human rights protection. While other books take either a European or a national approach, this book studies both the co-existence between the European Court of Human Rights and the European Court of Justice, and the impact of this dual mechanism of European human rights protection on the protection offered within specific EU Member States. This makes the book valuable for academics and practitioners who specialize in fundamental rights, EU law, or constitutional law. (Series: Law and Cosmopolitan Values - Vol. 1)

The International Law of Human Rights and States of Exception

Anna-Lena Svensson-McCarthy
The International Law of Human Rights and States of Exception Book PDF

Author : Anna-Lena Svensson-McCarthy
Publisher : BRILL
Page : 808 pages
File Size : 42,7 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004479319

Get Book

The International Law of Human Rights and States of Exception by Anna-Lena Svensson-McCarthy Pdf

This study demonstrates the extensive protection that international law provides to human rights even in the most serious of emergencies when they are particularly vulnerable. Based on a meticulous analysis of preparatory works and practice under the International Covenant on Civil and Political Rights, as well as the American and European Conventions on Human Rights, and with a special chapter on the International Labour Organisation's approach to international labour standards and emergencies, this book shows that respect for the rule of law and the concept of a democratic society are controlling parameters in any valid limitation on the enjoyment of human rights. It further shows that respect for human rights and the operation of institutions such as the Legislature and Judiciary are crucial to enabling societies to address and eventually remedy the root causes of emergency situations. The study recommends possible directions for the development of case law and suggests some practical means to help ensure that international legal requirements are in fact respected in emergencies.

Shaping Rights in the ECHR

Eva Brems,Janneke Gerards
Shaping Rights in the ECHR Book PDF

Author : Eva Brems,Janneke Gerards
Publisher : Cambridge University Press
Page : 379 pages
File Size : 50,5 Mb
Release : 2014-01-23
Category : Political Science
ISBN : 9781107729698

Get Book

Shaping Rights in the ECHR by Eva Brems,Janneke Gerards Pdf

In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.

Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

David Harris,Michael O'Boyle,Ed Bates,Carla M. Buckley
Harris O Boyle and Warbrick Law of the European Convention on Human Rights Book PDF

Author : David Harris,Michael O'Boyle,Ed Bates,Carla M. Buckley
Publisher : Oxford University Press
Page : 1082 pages
File Size : 44,7 Mb
Release : 2023-03-16
Category : Electronic
ISBN : 9780198862000

Get Book

Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights by David Harris,Michael O'Boyle,Ed Bates,Carla M. Buckley Pdf

Now in its fifth edition, Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights remains an indispensable resource for undergraduates, postgraduates, and practitioners alike. The new edition builds on the strengths of previous editions, providing an up-to-date, clear, and comprehensive account of Strasbourg case law and its underlying principles. It sets out and critically analyses each Convention article (including those addressed by relevant Protocols), and thoroughly examines the system of supervision. The book also addresses the pressures and challenges facing the Strasbourg system in the twenty-first century.Digital formatsThis fifth edition is available for students and institutions to purchase in a variety of formats.The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks

Core Socio-Economic Rights and the European Court of Human Rights

Ingrid Leijten
Core Socio Economic Rights and the European Court of Human Rights Book PDF

Author : Ingrid Leijten
Publisher : Cambridge University Press
Page : 355 pages
File Size : 53,7 Mb
Release : 2018-01-25
Category : Political Science
ISBN : 9781107198470

Get Book

Core Socio-Economic Rights and the European Court of Human Rights by Ingrid Leijten Pdf

Core Socio-Economic Rights and the European Court of Human Rights focuses on socio-economic rights in the context of the jurisprudence of the European Court of Human Rights (ECtHR) and, through review and exploration of core socio-economic protection and rights, offers suggestions for improving the ECtHR's reasoning in socio-economic cases.

The Convergence of the Fundamental Rights Protection in Europe

Rainer Arnold
The Convergence of the Fundamental Rights Protection in Europe Book PDF

Author : Rainer Arnold
Publisher : Springer
Page : 235 pages
File Size : 43,9 Mb
Release : 2016-04-05
Category : Law
ISBN : 9789401774659

Get Book

The Convergence of the Fundamental Rights Protection in Europe by Rainer Arnold Pdf

The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection. Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.

Theory and Practice of the European Convention on Human Rights

Pieter Van Dijk,Godefridus J. H. Hoof
Theory and Practice of the European Convention on Human Rights Book PDF

Author : Pieter Van Dijk,Godefridus J. H. Hoof
Publisher : Springer
Page : 684 pages
File Size : 44,6 Mb
Release : 1990
Category : Law
ISBN : UOM:39015024769583

Get Book

Theory and Practice of the European Convention on Human Rights by Pieter Van Dijk,Godefridus J. H. Hoof Pdf

Kluwer Law International is happy to announce the third edition of Van Dijk & Van Hoof's classic work: Theory & Practice of the European Convention on Human Rights. The developments which have taken place under the Convention since the second edition was published have been numerous & comprehensive, & the Convention has gained a central position in the legal systems of many European countries. Three Protocols have been added to the Convention; the number of Parties to the Convention has grown from twenty-two to no less than thirty-six; & the case-law concerning the Convention has increased significantly. Like its predecessors, this third edition offers a full description of the present procedural practice & case-law of both the European Commission & the European Court of Human Rights, & is an indispensable guide. Protocol No. 11 to the Convention, which will enter into force by the end of 1998, will drastically change the supervisory system under the Convention, establishing one Court. This new Court will also perform the present functions of the Commission & it is expected that it will be guided by the Commission's procedures & working methods, & by its case-law concerning admissibility. This new edition will therefore remain relevant for the practice & case-law of the new Court for many years to come.

Interlocking Constitutions

Luis I Gordillo
Interlocking Constitutions Book PDF

Author : Luis I Gordillo
Publisher : Bloomsbury Publishing
Page : 410 pages
File Size : 54,7 Mb
Release : 2012-04-25
Category : Law
ISBN : 9781847319333

Get Book

Interlocking Constitutions by Luis I Gordillo Pdf

The existence of interactions between different but overlapping legal systems has always presented challenges to black letter law. This is particularly true of the relationship between international law and domestic law and the relationship between federal law and the laws of individual federation members. Moreover some organisations have created their own supranational constitutional systems: the United Nations Charter is the best known, and is often referred to as the 'World Constitution', but the European Court of Justice in Luxembourg views the European Treaties as a 'Constitutional Charter' for Europe, while the European Court of Human Rights has defined the European Convention on Human Rights as a constitutional instrument of 'European public order'. It is in the dynamic relationship between domestic constitutional laws, EU law, the ECHR and the UN Charter that the most persistent difficulties arise. In this context 'interordinal instability' not only provokes strong academic interest, but also affects what has been called 'governance' or 'global government' and undermines both legal certainty and individual fundamental rights. Different solutions - constitutionalist and pluralist - have been explored, but none of them has received global acceptance. In this book Luis Gordillo analyses the interordinal instabilities which arise at the European level, focusing on three main strands of case law and their implications: Solange, Bosphorus and Kadi. To solve the difficulties caused by this instability Gordillo proposes a form of soft constitutionalism, which he calls 'interordinal constitutionalism', as a means to bring order and stability to global legal governance. The original Spanish thesis on which this book is based was awarded the Nicolás Pérez Serrano Prize by the Centro de Estudios Políticos y Constitucionales, for the best dissertation in constitutional law 2009-2010.

Human Rights for the New Millennium

Frances Butler
Human Rights for the New Millennium Book PDF

Author : Frances Butler
Publisher : BRILL
Page : 276 pages
File Size : 46,5 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004478800

Get Book

Human Rights for the New Millennium by Frances Butler Pdf

The British Institute of Human Rights has long argued the case for incorporation of the European Convention of Human Rights into UK law. But how does the Human Rights Act achieve this and what changes will it make to the legal, social and political landscape? This book analyses the historical and political imperatives behind the new human rights legislation and provides a detailed examination of the interpretative record of the judiciary so far. The mechanics of implementation of the Act are explored in detail: who has rights, who has responsibilities and how these are enforced. There is in-depth analysis of three specific areas affected by the new legislation: criminal justice, equality and employment, and disputes within families. In each case, the potential in the Human Rights Act, assisted by Strasbourg decisions and other international jurisprudence, is tested against the prevailing position under domestic law. Finally, there is reflection on the UK's other international human rights commitments and scrutiny of governmental compliance with them. With contributions from leading human rights lawyers, jurists and thinkers, this book deconstructs the Human Rights Act and explains its meaning and significance.