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Author : Kanstantsin Dzehtsiarou
Publisher : Cambridge University Press
Page : 255 pages
File Size : 47,5 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781107041035
The most comprehensive and critical analysis of the application of European consensus by the European Court of Human Rights.
Author : Panos Kapotas,Vassilis P. Tzevelekos
Publisher : Cambridge University Press
Page : 503 pages
File Size : 44,6 Mb
Release : 2019-01-17
Category : Law
ISBN : 9781108473323
Presents a critical evaluation of a controversial interpretative tool the ECtHR uses to answer morally/politically sensitive human rights questions.
Author : Spyridon Flogaitis,Tom Zwart,Julie Fraser
Publisher : Edward Elgar Publishing
Page : 241 pages
File Size : 40,6 Mb
Release : 2013-01-01
Category : Political Science
ISBN : 9781782546122
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 : Jens T. Theilen
Publisher : Nomos Verlagsgesellschaft
Page : 0 pages
File Size : 55,9 Mb
Release : 2021
Category : Human rights
ISBN : 3848780917
This study offers a critical account of the reasoning employed by the European Court of Human Rights, particularly its references to European consensus. Based on an in-depth analysis of the Court's case-law against the backdrop of human rights theory, it will be of interest to both practitioners and theorists. While European consensus is often understood as providing an objective benchmark within the Court's reasoning, this study argues to the contrary that it forms part of the very structures of argument that render human rights law indeterminate. It suggests that foregrounding consensus and the Court's legitimacy serves to entrench the status quo and puts forward novel ways of approaching human rights to enable social transformation.
Author : Fiona de Londras,Kanstantsin Dzehtsiarou
Publisher : Bloomsbury Publishing
Page : 316 pages
File Size : 44,9 Mb
Release : 2018-03-16
Category : Law
ISBN : 9781509958658
This engaging textbook provides a critical analysis of the legitimacy and effectiveness of the European Convention on Human Rights and its practical operation. In a succinct way, the book investigates questions around the legitimacy of how the European Court of Human Rights develops its law, the obligations of states to comply with its judgments, the adequacy of the Convention in securing basic goods, and the effectiveness of the system in protecting rights 'in the real world'. It assesses some under-explored areas of the Convention that are often overlooked. Presenting a number of debates about the legitimacy and effectiveness of the system in a provocative and critical style, this book encourages debate, discussion, and self-reflection on how, when and why the Convention protects human rights in Europe. An ideal text for Law students at English and Welsh universities and higher education institutions taking a module in The European Convention on Human Rights (LLB or LLM level), and for GDL/CPE students and those taking the postgraduate LPC training course.
Author : Carmen Draghici
Publisher : Bloomsbury Publishing
Page : 472 pages
File Size : 51,7 Mb
Release : 2017-02-09
Category : Law
ISBN : 9781509905270
Modern family life exhibits a huge variety of new forms. Legal responses to these new forms illustrate the continuing differences between European nations. Nonetheless, the Strasbourg Court has been increasingly active in this area, which provides fertile ground for testing the legitimacy of the Court's interpretation of the European Convention on Human Rights. When national law refuses to recognize a claimed right, litigants regularly reassert that right before the Strasbourg Court. This has forced it to seek answers to complex domestic controversies, such as the legal recognition for same-sex partners and transgender persons, the ethics of adoption and reproductive rights, the legal regime for cohabitants, or the accommodation of immigrants' aspiration to family reunion. Placing family rights at the core of the judicial legitimacy debate, this book provides a critical analysis of the standards of family rights protection under the Convention. It evaluates the Court's interpretive methodology and discusses the tensions inherent in its supranational quasi-constitutional function. These include the risk of excessive deference to national authorities, at the expense of the effective enforcement of universal rights; the addition of 'new rights'; and inattention to the division of responsibilities between democratic processes within sovereign States and the subsidiary international review.
Author : Andreas Føllesdal,Johan Karlsson Schaffer,Geir Ulfstein
Publisher : Cambridge University Press
Page : 323 pages
File Size : 47,8 Mb
Release : 2014
Category : Law
ISBN : 9781107034600
This book traverses the disciplines of law, political philosophy and international relations in assessing the normative legitimacy of international human rights regimes.
Author : Patricia Popelier,Sarah Lambrecht,Koen Lemmens
Publisher : Unknown
Page : 0 pages
File Size : 51,7 Mb
Release : 2016
Category : Civil rights
ISBN : 1780684010
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.
Author : Rory O'Connell
Publisher : Cambridge University Press
Page : 321 pages
File Size : 55,8 Mb
Release : 2020-11-05
Category : Law
ISBN : 9781107035072
Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.
Author : Daniel Peat
Publisher : Cambridge University Press
Page : 293 pages
File Size : 48,8 Mb
Release : 2019-06-13
Category : Law
ISBN : 9781108415477
This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
Author : Jonas Christoffersen,Mikael Rask Madsen
Publisher : Oxford University Press
Page : 255 pages
File Size : 42,6 Mb
Release : 2011-06-09
Category : Law
ISBN : 9780199694495
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 : Lisa Sonnleitner
Publisher : Bloomsbury Publishing
Page : 223 pages
File Size : 43,8 Mb
Release : 2022-04-21
Category : Law
ISBN : 9781509946884
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.
Author : Andreas Føllesdal,Birgit Peters,Geir Ulfstein
Publisher : Unknown
Page : 441 pages
File Size : 46,7 Mb
Release : 2013
Category : Electronic books
ISBN : 1107065151
An assessment of the European Court of Human Rights at the national, European and international levels.
Author : Andreas Føllesdal,Birgit Peters,Geir Ulfstein
Publisher : Cambridge University Press
Page : 485 pages
File Size : 43,9 Mb
Release : 2013-05-23
Category : Law
ISBN : 9781107024441
An assessment of the European Court of Human Rights at the national, European and international levels.
Author : Angelika Nussberger
Publisher : Elements of International Law
Page : 257 pages
File Size : 46,9 Mb
Release : 2020
Category : Law
ISBN : 9780198849643
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.
