Parliaments And The European Court Of Human Rights

Author : Alice Donald,Philip Leach
Publisher : Oxford University Press
Page : 369 pages
File Size : 42,6 Mb
Release : 2016
Category : Law
ISBN : 9780198734246

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Parliaments and the European Court of Human Rights by Alice Donald,Philip Leach Pdf

The European system of human rights protection faces institutional and political pressures which threaten its very survival. These intuitional pressures stem from the backlog of applications before the European Court of Human Rights, the large number of its judgments that remain unimplemented, and the political pressures that arise from sustained attacks on the Court's legitimacy and authority, notably from politicians and jurists in the United Kingdom. This book addresses the theme which lies at the heart of these pressures: the role of national parliaments in the implementation of judgments of the Court. It combines theoretical and empirical insights into the role of parliaments in securing domestic compliance with the Court's decisions, and provides detailed investigation of five European states with differing records of human rights compliance and parliamentary mobilization: Ukraine, Romania, the United Kingdom, Germany, and the Netherlands. How far are parliaments engaged in implementation, and how far should they be? Do parliaments advance or hinder human rights compliance? Is it ever justifiable for parliaments to defy judgments of the Court? And how significant is the role played by the Parliamentary Assembly of the Council of Europe? Drawing on the fields of international law, international relations, political science, and political philosophy, the book argues that adverse human rights judgments not only confer obligations on parliamentarians but also create opportunities for them to develop influential interpretations of human rights and enhance their own democratic legitimacy. It makes an authoritative contribution to debate about the future of the European and other supranational human rights mechanisms and the broader relationship between democracy, human rights, and legitimate authority.

Author : Matthew Saul,Andreas Follesdal,Geir Ulfstein
Publisher : Cambridge University Press
Page : 417 pages
File Size : 44,7 Mb
Release : 2017-10-12
Category : Law
ISBN : 9781107183742

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The International Human Rights Judiciary and National Parliaments by Matthew Saul,Andreas Follesdal,Geir Ulfstein Pdf

Saul, Follesdal and Ulfstein examine in detail the interplay between national parliaments and the international human rights judiciary.

Author : Murray Hunt,Hayley J Hooper,Paul Yowell
Publisher : Bloomsbury Publishing
Page : 735 pages
File Size : 53,9 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781782254386

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Parliaments and Human Rights by Murray Hunt,Hayley J Hooper,Paul Yowell Pdf

In many countries today there is a growing and genuinely-held concern that the institutional arrangements for the protection of human rights suffer from a 'democratic deficit'. Yet at the same time there appears to be a new consensus that human rights require legal protection and that all branches of the state have a shared responsibility for upholding and realising those legally protected rights. This volume of essays tries to understand this paradox by considering how parliaments have sought to discharge their responsibility to protect human rights. Contributors seek to take stock of the extent to which national and sub-national parliaments have developed legislative review for human rights compatibility, and the effect of international initiatives to increase the role of parliaments in relation to human rights. They also consider the relationship between legislative review and judicial review for human rights compatibility, and whether courts could do more to incentivise better democratic deliberation about human rights. Enhancing the role of parliaments in the protection and realisation of human rights emerges as an idea whose time has come, but the volume makes clear that there is a great deal more to do in all parliaments to develop the institutional structures, processes and mechanisms necessary to put human rights at the centre of their function of making law and holding the government to account. The sense of democratic deficit is unlikely to dissipate unless parliaments empower themselves by exercising the considerable powers and responsibilities they already have to interpret and apply human rights law, and courts in turn pay closer attention to that reasoned consideration. 'I believe that this book will be of enormous value to all of those interested in human rights, in modern legislatures, and the relationship between the two. As this is absolutely fundamental to the characterand credibility of democracy, academic insight of this sort is especially welcome. This is an area where I expect there to be an ever expanding community of interest.' From the Foreword by the Rt Hon John Bercow MP, Speaker of the House of Commons

Author : Murray Hunt,Hayley Hooper,Paul Yowell
Publisher : Bloomsbury Publishing
Page : 478 pages
File Size : 53,9 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781782254379

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Parliaments and Human Rights by Murray Hunt,Hayley Hooper,Paul Yowell Pdf

In many countries today there is a growing and genuinely-held concern that the institutional arrangements for the protection of human rights suffer from a 'democratic deficit'. Yet at the same time there appears to be a new consensus that human rights require legal protection and that all branches of the state have a shared responsibility for upholding and realising those legally protected rights. This volume of essays tries to understand this paradox by considering how parliaments have sought to discharge their responsibility to protect human rights. Contributors seek to take stock of the extent to which national and sub-national parliaments have developed legislative review for human rights compatibility, and the effect of international initiatives to increase the role of parliaments in relation to human rights. They also consider the relationship between legislative review and judicial review for human rights compatibility, and whether courts could do more to incentivise better democratic deliberation about human rights. Enhancing the role of parliaments in the protection and realisation of human rights emerges as an idea whose time has come, but the volume makes clear that there is a great deal more to do in all parliaments to develop the institutional structures, processes and mechanisms necessary to put human rights at the centre of their function of making law and holding the government to account. The sense of democratic deficit is unlikely to dissipate unless parliaments empower themselves by exercising the considerable powers and responsibilities they already have to interpret and apply human rights law, and courts in turn pay closer attention to that reasoned consideration. 'I believe that this book will be of enormous value to all of those interested in human rights, in modern legislatures, and the relationship between the two. As this is absolutely fundamental to the characterand credibility of democracy, academic insight of this sort is especially welcome. This is an area where I expect there to be an ever expanding community of interest.' From the Foreword by the Rt Hon John Bercow MP, Speaker of the House of Commons

Author : Jan Wouters,Michal Ovádek
Publisher : Oxford University Press
Page : 769 pages
File Size : 46,9 Mb
Release : 2021
Category : Law
ISBN : 9780198814177

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The European Union and Human Rights by Jan Wouters,Michal Ovádek Pdf

This title provides analysis of the EU's human rights commitments through legislation, case law, and policy documents. Key developments to the EU's engagement with human rights, both internally and externally, are examined and it covers the topics of non-discrimination and competition law, migration, trade policy, and development cooperation.

Author : Collectif
Publisher :
Page : 107 pages
File Size : 40,9 Mb
Release : 2014
Category : History
ISBN : 9789287178527

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The accession of the European Union to the European Convention on Human Rights by Collectif Pdf

Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.

Author : Katja S Ziegler,Elizabeth Wicks,Loveday Hodson
Publisher : Bloomsbury Publishing
Page : 480 pages
File Size : 42,9 Mb
Release : 2015-10-22
Category : Law
ISBN : 9781509901999

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The UK and European Human Rights by Katja S Ziegler,Elizabeth Wicks,Loveday Hodson Pdf

The UK's engagement with the legal protection of human rights at a European level has been, at varying stages, pioneering, sceptical and antagonistic. The UK government, media and public opinion have all at times expressed concerns about the growing influence of European human rights law, particularly in the controversial contexts of prisoner voting and deportation of suspected terrorists as well as in the context of British military action abroad. British politicians and judges have also, however, played important roles in drafting, implementing and interpreting the European Convention on Human Rights. Its incorporation into domestic law in the Human Rights Act 1998 intensified the ongoing debate about the UK's international and regional human rights commitments. Furthermore, the increasing importance of the European Union in the human rights sphere has added another layer to the relationship and highlights the complex relationship(s) between the UK government, the Westminster Parliament and judges in the UK, Strasbourg and Luxembourg. The book analyses the topical and contentious issue of the relationship between the UK and the European systems for the protection of human rights (ECHR and EU) from doctrinal, contextual and comparative perspectives and explores factors that influence the relationship of the UK and European human rights.

Author : Wouter Vandenhole
Publisher : Intersentia nv
Page : 166 pages
File Size : 50,6 Mb
Release : 2005
Category : Civil rights
ISBN : 9789050954617

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Protocol No. 14 and the Reform of the European Court of Human Rights by Wouter Vandenhole Pdf

Chapter V. Execution of judgments.

Author : Sionaidh Douglas-Scott,Nicholas Hatzis
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 52,6 Mb
Release : 2017-07-21
Category : Electronic
ISBN : 9781782546405

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Research Handbook on EU Law and Human Rights by Sionaidh Douglas-Scott,Nicholas Hatzis Pdf

The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This comprehensive and timely Handbook explores the principles underlying the development of fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them.

Author : Steven Greer,Janneke Gerards,Rose Slowe
Publisher : Cambridge University Press
Page : 561 pages
File Size : 40,6 Mb
Release : 2018-03-29
Category : Law
ISBN : 9781107025509

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Human Rights in the Council of Europe and the European Union by Steven Greer,Janneke Gerards,Rose Slowe Pdf

Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms

Author : Felix Lange
Publisher : Edward Elgar Publishing
Page : 353 pages
File Size : 52,5 Mb
Release : 2024-03-14
Category : Political Science
ISBN : 9781035324354

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Treaties in Parliaments and Courts by Felix Lange Pdf

Highlighting the close relationship between foreign relations law and international law, this impressive book places parliament and domestic courtsÕ engagement with treaties at the heart of its inquiry. It presents a timely assessment of the impact that different rules of constitutional law have on parliamentary and judicial approaches to treaties in four different states (Germany, India, South Africa and the US), thereby incorporating valuable comparative dimensions.

Author : Philip Alston,Mara R. Bustelo,James Heenan
Publisher : Unknown
Page : 986 pages
File Size : 54,8 Mb
Release : 1999
Category : Law
ISBN : 0198298064

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The EU and Human Rights by Philip Alston,Mara R. Bustelo,James Heenan Pdf

For all its achievements in integrating Europe, the EU lacks a human rights policy which is coherent, balanced and professionally administered. This volume provides an insightful critique of current policies and detailed recommendations for the future by leading experts in the field including individuals from every EU country.

Author : Council of Europe/Conseil de L'Europe
Publisher : Martinus Nijhoff Publishers
Page : 1010 pages
File Size : 51,9 Mb
Release : 1973-07-01
Category : Political Science
ISBN : 9789024715466

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European Convention on Human Rights Year: 1971 by Council of Europe/Conseil de L'Europe Pdf

This volume of the "Yearbook of the European Convention on Human Rights, prepared by the Directorate of Human Rights of the Council of Europe, relates to 2003. Part one contains information on the Convention. Part two deals with the control mechanism of the European Convention on Human Rights: selected judgments of the European Court of Human Rights and human rights (DH) resolutions of the Committee of Ministers; part three groups together the other work of the Council of Europe in the field of human rights, and includes the work of the Committee of Ministers, the Parliamentary Assembly and the Directorate General of Human Rights; part four is devoted to information on national legislation and extracts from national judicial decisions concerning rights protected by the Convention. Appendix A contains a bibliography on the Convention, and Appendix B the biographies of the new judges elected to the European Court of Human Rights.

Author : Great Britain. Home Office
Publisher : Unknown
Page : 22 pages
File Size : 48,7 Mb
Release : 1997
Category : Civil rights
ISBN : 010137822X

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Rights Brought Home by Great Britain. Home Office Pdf

Author : John Sweetman,Bill Proctor,Council of Europe
Publisher : Manhattan Publishing Company
Page : 358 pages
File Size : 55,6 Mb
Release : 1990
Category : Political Science
ISBN : UVA:X030352685

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The Parliamentary Assembly by John Sweetman,Bill Proctor,Council of Europe Pdf