Persuasion And Legal Reasoning In The Ecthr Rulings

Persuasion And Legal Reasoning In The Ecthr Rulings 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 Persuasion And Legal Reasoning In The Ecthr Rulings book. This book definitely worth reading, it is an incredibly well-written.

Persuasion and Legal Reasoning in the ECtHR Rulings

Aleksandra Mężykowska,Anna Młynarska-Sobaczewska
Persuasion and Legal Reasoning in the ECtHR Rulings Book PDF

Author : Aleksandra Mężykowska,Anna Młynarska-Sobaczewska
Publisher : Taylor & Francis
Page : 228 pages
File Size : 54,7 Mb
Release : 2023-05-24
Category : Law
ISBN : 9781000897166

Get Book

Persuasion and Legal Reasoning in the ECtHR Rulings by Aleksandra Mężykowska,Anna Młynarska-Sobaczewska Pdf

This book analyses the case law of the European Court of Human Rights (ECtHR) from the point of view of argumentative tools used by the Court to persuade the audience – States, applicants and public opinion – of the correctness of its rulings. The ECtHR judgments selected by the authors concern justification of some of the most difficult issues. These are matters related to human life, human dignity and the right to self-determination in matters concerning one’s private life. The authors looked for paths and repetitive patterns of argumentation and divided them into three categories of argumentative tools: authority, deontological and teleological. The work tracks how ECtHR judges aim to find a consensual, universal and, at the same time, pragmatic and axiologically neutral narrative on the collisions of rights and interests in the areas under discussion. It analyses whether the voice of the ECtHR carries the overtones of an ethical statement and, if so, to which arguments it appeals. The book will be of interest to academics and researchers working in the areas of jurisprudence, human rights law, and law and language.

Procedural Review in European Fundamental Rights Cases

Janneke Gerards,Eva Brems
Procedural Review in European Fundamental Rights Cases Book PDF

Author : Janneke Gerards,Eva Brems
Publisher : Cambridge University Press
Page : 297 pages
File Size : 41,5 Mb
Release : 2017-03-30
Category : Law
ISBN : 9781107183773

Get Book

Procedural Review in European Fundamental Rights Cases by Janneke Gerards,Eva Brems Pdf

Procedural review is increasingly a means of deciding European fundamental rights cases; this book explores its practical potential and limitations.

The Procedural Law Governing Facts and Evidence in International Human Rights Proceedings

Torsten Stirner
The Procedural Law Governing Facts and Evidence in International Human Rights Proceedings Book PDF

Author : Torsten Stirner
Publisher : Martinus Nijhoff Publishers
Page : 520 pages
File Size : 47,5 Mb
Release : 2021-07-15
Category : Law
ISBN : 9789004463134

Get Book

The Procedural Law Governing Facts and Evidence in International Human Rights Proceedings by Torsten Stirner Pdf

This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions. Based on the premise of a contextualized procedural law governing facts and evidence, the book analyzes where current approaches lack a foundation in the contextualization premise and offers solutions for recurring procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.

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 : 53,6 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.

Implementation of the European Convention on Human Rights and of the Judgments of the ECtHR in National Case-law

Janneke Gerards,J. W. A. Fleuren
Implementation of the European Convention on Human Rights and of the Judgments of the ECtHR in National Case law Book PDF

Author : Janneke Gerards,J. W. A. Fleuren
Publisher : Unknown
Page : 0 pages
File Size : 48,5 Mb
Release : 2014
Category : Convention for the Protection of Human Rights and Fundamental Freedoms ǂd (1950 November 5)
ISBN : 1780682174

Get Book

Implementation of the European Convention on Human Rights and of the Judgments of the ECtHR in National Case-law by Janneke Gerards,J. W. A. Fleuren Pdf

This book questions the correctness of these assumptions and aims for further study of them. This is done by disentangling and illuminating the different elements underlying the interrelationship between the Court and the national courts. The objective is to distinguish between the requirements set by the Court; the constitutional powers and competences of national courts to interpret and apply international law, in particular the Convention; the way in which these courts actually use these competences to deal with the Court's interpretative approaches; and the type of criticism that is levelled at the Court's case-law. These elements are studied from the perspective of the Court as well as from a national perspective, in particular for Belgium, France, Germany, the Netherlands, Sweden and the United Kingdom. Analysing these elements separately enables a fruitful assessment of their interrelationship and provides a sound basis for a constructive debate on the implementation of the Convention in national law, which is based on solid constitutional foundations rather than assumptions and intuitions. The current book is therefore of great interest to those who are interested in debates on the interrelationship between the Court and the states - scholars, as well as judges, policy makers and politicians - but also to those who take a more general interest in constitutional implementation mechanisms, judicial powers and judicial argumentation.

Principled Resistance to ECtHR Judgments - A New Paradigm?

Marten Breuer
Principled Resistance to ECtHR Judgments A New Paradigm Book PDF

Author : Marten Breuer
Publisher : Springer
Page : 352 pages
File Size : 40,9 Mb
Release : 2019-07-17
Category : Law
ISBN : 9783662589861

Get Book

Principled Resistance to ECtHR Judgments - A New Paradigm? by Marten Breuer Pdf

The book analyses the position of the ECtHR which has been more and more confronted with criticism coming from the national sphere, including the judiciary. This culminated in constitutional court judgments declaring a particular ECtHR judgment non-executable, for reasons of constitutional law. Existing scholarship does not differentiate enough between cases of mere political unwillingness to execute an ECtHR judgment and cases where execution is blocked for legal reasons (mainly of constitutional law nature). At the same time, the discussion under EU law on national/constitutional identity limiting the reach of the former has been only loosely linked with the ECHR context. This book presents a new dogmatic concept - 'principled resistance' - to analyse such cases. Taking up examples from the national level, it strives to find out whether the legal reasoning behind 'principled resistance' shows enough commonalities in order to qualify such incidents as expression of a 'new paradigm'.

Domestic Judicial Treatment of European Court of Human Rights Case Law

David Kosař,Jan Petrov,Katarína Šipulová,Hubert Smekal,Ladislav Vyhnánek,Jozef Janovský
Domestic Judicial Treatment of European Court of Human Rights Case Law Book PDF

Author : David Kosař,Jan Petrov,Katarína Šipulová,Hubert Smekal,Ladislav Vyhnánek,Jozef Janovský
Publisher : Routledge
Page : 252 pages
File Size : 44,6 Mb
Release : 2020-02-28
Category : Law
ISBN : 9781000036596

Get Book

Domestic Judicial Treatment of European Court of Human Rights Case Law by David Kosař,Jan Petrov,Katarína Šipulová,Hubert Smekal,Ladislav Vyhnánek,Jozef Janovský Pdf

The European Court of Human Rights (“ECtHR”) suffers from the burgeoning caseload and challenges to its authority. This two-pronged crisis undermines the ECtHR’s legitimacy and consequently the functioning of the whole European human rights regime. Domestic courts can serve as welcome allies of the Strasbourg Court. They have a potential to diffuse Convention norms domestically, and therefore prevent and filter many potential human rights violations. Yet, we know very little about how domestic courts actually treat the Strasbourg Court’s rulings. This book brings unique empirical findings on how often, how and with what consequences domestic judges work with the ECtHR’s case law. It moves beyond the narrow concept of compliance and develops a new three-level methodology for analysing the role played by domestic courts in the implementation of ECtHR case law. Moreover, using the example of Czechia, it shifts the attention from Western countries to a more volatile Central and Eastern European region, which has recently witnessed democratic backsliding and backlash against international checks on human rights and the rule of law standards. Looking at a wider social and legal context, this book identifies factors helping transitional countries to adapt to regional human rights regimes. The work will be an essential resource for students, academics and policy-makers working in the areas of Constitutional law, Politics and Human Rights law. Its global appeal is enhanced by the methodological framework which is applicable in other international systems.

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 : 52,8 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.

Judicial Decision-Making in a Globalised World

Elaine Mak
Judicial Decision Making in a Globalised World Book PDF

Author : Elaine Mak
Publisher : A&C Black
Page : 290 pages
File Size : 45,5 Mb
Release : 2014-07-04
Category : Law
ISBN : 9781782253648

Get Book

Judicial Decision-Making in a Globalised World by Elaine Mak Pdf

Why do judges study legal sources that originated outside their own national legal system, and how do they use arguments from these sources in deciding domestic cases? Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom, Canada, the United States, France and the Netherlands. A comparative analysis of the views and experiences of the judges clarifies how the decision-making of these Western courts has developed in light of the internationalisation of law and the increased opportunities for transnational judicial communication. While the qualitative analysis reveals the motives that judges claim for using foreign law and the influence of 'globalist' and 'localist' approaches to judging, the author also finds suggestions of a convergence of practices between the courts that are the subject of this study. This empirical analysis is complemented by a constitutional-theoretical inquiry into the procedural and substantive factors of legal evolution, which enable or constrain the development and possible convergence of highest courts' practices. The two strands of the analysis are connected in a final contextual reflection on the future development of the role of Western highest courts.

Canada in the World

Richard Albert,David R. Cameron
Canada in the World Book PDF

Author : Richard Albert,David R. Cameron
Publisher : Cambridge University Press
Page : 483 pages
File Size : 47,7 Mb
Release : 2017-11-02
Category : Law
ISBN : 9781108419734

Get Book

Canada in the World by Richard Albert,David R. Cameron Pdf

Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.

Democratic Dialogue and the Constitution

Alison L. Young
Democratic Dialogue and the Constitution Book PDF

Author : Alison L. Young
Publisher : Oxford University Press
Page : 336 pages
File Size : 43,7 Mb
Release : 2017
Category : Law
ISBN : 9780198783749

Get Book

Democratic Dialogue and the Constitution by Alison L. Young Pdf

Constitutions divide into those that provide for a constitutionally protected set of rights, where courts can strike down legislation, and those where rights are protected predominantly by parliament, where courts can interpret legislation to protect rights, but cannot strike down legislation. The UK's Human Rights Act 1998 is regarded as an example of a commonwealth model of rights protections. It is justified as a new form of protection of rights which promotes dialogue between the legislature and the courts - dialogue being seen not just as a better means of protecting rights, but as a new form of constitutionalism occupying a middle ground between legal and political constitutionalism. This book argues that there is no clear middle ground for dialogue to occupy, with most theories of legal and political constitutionalism combining legal and political protections, as well as providing an account of interactions between the legislature and the judiciary. Nevertheless, dialogue has a role to play. It differs from legal and political constitutionalism in terms of the assumptions on which it is based and the questions it asks. It focuses on analysing mechanisms of inter-institutional interactions, and assessing when these interactions can provide a better protection of rights, facilitate deliberation, engage citizens, and act as an effective check and balance between institutions of the constitution. This book evaluates dialogue in the UK constitution, assessing the protection of human rights through the Human Rights Act 1998, the common law, and EU law. It also evaluates court-court dialogue between the UK court, the European Court of Justice, and the European Court of Human Rights. The conclusion evaluates the implications of the proposed British Bill of Rights and the referendum decision to leave the European Union.

The Oxford Handbook of European Union Law

Anthony Arnull,Damian Chalmers
The Oxford Handbook of European Union Law Book PDF

Author : Anthony Arnull,Damian Chalmers
Publisher : Oxford University Press
Page : 950 pages
File Size : 49,6 Mb
Release : 2015-07-23
Category : Law
ISBN : 9780191653056

Get Book

The Oxford Handbook of European Union Law by Anthony Arnull,Damian Chalmers Pdf

Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

Science and Judicial Reasoning

Katalin Sulyok
Science and Judicial Reasoning Book PDF

Author : Katalin Sulyok
Publisher : Cambridge University Press
Page : 431 pages
File Size : 41,9 Mb
Release : 2020-10-29
Category : Business & Economics
ISBN : 9781108489669

Get Book

Science and Judicial Reasoning by Katalin Sulyok Pdf

This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.

International Law and Domestic Legal Systems

Dinah Shelton
International Law and Domestic Legal Systems Book PDF

Author : Dinah Shelton
Publisher : OUP Oxford
Page : 752 pages
File Size : 49,8 Mb
Release : 2011-09-29
Category : Law
ISBN : 9780191018510

Get Book

International Law and Domestic Legal Systems by Dinah Shelton Pdf

Different countries incorporate and interpret international law in different ways. This book provides a systematic analysis of the domestic constitutional regime of over two dozen countries, setting out the status accorded to international law in those countries and its normative weight, as well as problems relating to its implementation. This country-by-country comparison allows the book to examine how the international legal order and domestic legal systems interact and influence each other. Through a series of chapters on the role of international law in 27 countries throughout the world, it shows a growing tendency towards greater democratic participation in treaty-making coupled with a significant utilization of informal agreements that by-pass such participation, as well as a role for non-binding normative instruments as persuasive authority in domestic judicial decision-making. The chapters suggest a stronger attachment to international law in legal systems that have survived a period of repression, resulting in many cases in a higher normative status for international human rights instruments in those states. The impact of the European Union on the constitutional order of its member states is also examined.

Human Rights Between Law and Politics

Petr Agha
Human Rights Between Law and Politics Book PDF

Author : Petr Agha
Publisher : Bloomsbury Publishing
Page : 208 pages
File Size : 52,7 Mb
Release : 2017-08-24
Category : Law
ISBN : 9781509902811

Get Book

Human Rights Between Law and Politics by Petr Agha Pdf

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.