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The ECHR and Human Rights Theory

Alain Zysset

Author : Alain Zysset
Publisher : Routledge
Page : 253 pages
File Size : 48,5 Mb
Release : 2016-10-04
Category : Law
ISBN : 9781317248125

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The ECHR and Human Rights Theory by Alain Zysset Pdf

The European Convention of Human Rights (ECHR) has been relatively neglected in the field of normative human rights theory. This book aims to bridge the gap between human rights theory and the practice of the ECHR. In order to do so, it tests the two overarching approaches in human rights theory literature: the ethical and the political, against the practice of the ECHR ‘system’. The book also addresses the history of the ECHR and the European Court of Human Rights (ECtHR) as an international legal and political institution. The book offers a democratic defence of the authority of the ECtHR. It illustrates how a conception of democracy – more specifically, the egalitarian argument for democracy developed by Thomas Christiano on the domestic level – can illuminate the reasoning of the Court, including the allocation of the margin of appreciation on a significant number of issues. Alain Zysset argues that the justification of the authority of the ECtHR – its prominent status in the domestic legal orders – reinforces the democratic process within States Parties, thereby consolidating our status as political equals in those legal and political orders.

Theory and Practice of the European Convention on Human Rights

Pieter Van Dijk,Godefridus J. H. Hoof

Author : Pieter Van Dijk,Godefridus J. H. Hoof
Publisher : Springer
Page : 684 pages
File Size : 44,7 Mb
Release : 1990
Category : Law
ISBN : UOM:39015024769583

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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.

A Theory of Interpretation of the European Convention on Human Rights

George Letsas

Author : George Letsas
Publisher : Oxford University Press, USA
Page : 172 pages
File Size : 45,5 Mb
Release : 2007-12-13
Category : Law
ISBN : UOM:39015078798967

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A Theory of Interpretation of the European Convention on Human Rights by George Letsas Pdf

This study of the European Convention on Human Rights aims at propounding an evaluative theory of interpretation for the Convention, and seeks to locate interpretive values within the history of the ECHR by surveying and analysing relevant judgements of the European Court of Human Rights.

Theory and Practice of the European Convention on Human Rights

Stephanie Schiedermair,Alexander Schwarz,Dominik Steiger

Author : Stephanie Schiedermair,Alexander Schwarz,Dominik Steiger
Publisher : Nomos/Hart
Page : 0 pages
File Size : 48,6 Mb
Release : 2022-03-10
Category : Law
ISBN : 9781509945979

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Theory and Practice of the European Convention on Human Rights by Stephanie Schiedermair,Alexander Schwarz,Dominik Steiger Pdf

This collection explores current, critical issues regarding human rights theory and practice at the European Court of Human Rights with chapters on procedural concerns, principles and jurisprudence, and interaction with national legal systems.

The Realisation of Human Rights

Yves Haeck,Brianne McGonigle Leyh,Clara Burbano Herrera,Diana Contreras-Garduño

Author : Yves Haeck,Brianne McGonigle Leyh,Clara Burbano Herrera,Diana Contreras-Garduño
Publisher : Unknown
Page : 0 pages
File Size : 48,9 Mb
Release : 2013
Category : Festschriften
ISBN : 1780682166

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The Realisation of Human Rights by Yves Haeck,Brianne McGonigle Leyh,Clara Burbano Herrera,Diana Contreras-Garduño Pdf

Introduction by the Editors (p. 1) Part I. International Human Rights Law in General The International Law of Human Rights Two Decades After the Second World Conference on Human Rights in Vienna in 1993 (p. 13) Article 1 UDHR: from Credo to Realisation (p. 41) Some Reflections on Balancing Conflicting Human Rights (p. 53) Initial Assessment of the United Nations Declaration on Human Rights Education and Training (p. 73) Part II . European Human Rights Law The Role of Dialogue in the Relationship Between the European Court of Human Rights and National Courts (p. 89) Significantly Insignificant? The Life in the Margins of the Admissibility Criterion in Article 35(3)(b) European Convention on Human Rights (p. 107) The Stubbornness of the European Court of Human Rights' Margin of Appreciation Doctrine (p. 125) Are Judges of the European Court of Human Rights so Qualified that They are in No Need of Initial and In-Service Training? A 'Straatsburgse Myj/mering' (Myjer's Musings from Strasbourg) for Leo Zwaak (p. 151) Part III . Inter-American and African Human Rights Law A Barren Effort? The Jurisprudence of the Inter-American Court of Human Rights on Jus Cogens (p. 165) Strengthening or Straining the Inter-American System on Human Rights (p. 193) Preventing Human Rights Violations: Recommendations for Enhancing the Effectiveness of Interim Measures Before the Inter-American and African Human Rights Commissions (p. 221) The Recent Practice of the Inter-American Defence Attorney Figure During the Proceedings Before the Inter-American Court of Human Rights (p. 243) From the Non-Discrimination Clause to the Concept of Vulnerability in International Human Rights Law. Advancing on the Need for Special Protection of Certain Groups and Individuals (p. 259) The Debt of the Peruvian State Towards the Inter-American System of Human Rights (p. 273) Part IV. International Human Rights Law, International Criminal Law and International Humanitarian Law The Right to Truth in International Criminal Proceedings: An Indeterminate Concept from Human Rights Law (p. 291) Disputes over Exemplary Justice: Kenyans Before the International Criminal Court (p. 313) Some Thoughts on the Relationship Between International Humanitarian Law and International Human Rights Law: a Plea for Mutual Respect and a Common Sense Approach (p. 335) A Battle over Elasticity - Interpreting the Concept of 'Concrete and Direct Military Advantage Anticipated' under International Humanitarian Law (p. 351) Part V. International Human Rights Law, Extraordinary Rendition and Forced Disappearances Extraordinary Rendition and the Security Paradigm (p. 369) Enforced Disappearance as Continuing Crimes and Continuing Human Rights Violations (p. 389) Why is Establishing a Systematic Practice in the Adjudication of Enforced Disappearance Conducive to Providing Protection Against This Crime? (p. 415) Part VI. International and National Protection of Human Rights Partnership between National Human Rights Institutions and Human Rights Treaty Bodies in the Implementation of Concluding Observations (p. 437) Strategic Litigation by Equality Bodies and National Human Rights Institutions to Promote Equality (p. 461) The International Responsibility of the State for the Conduct of Indigenous Legal Systems: the Case of Ecuador (p. 475) Unconstitutionality of the Denunciation of the American Convention on Human Rights by Venezuela (p. 497) Independence of the Judiciary in Turkey: Institutional Reforms after 1999 (p. 527) read now Contributing Authors (p. 551).

Theory and Practice of the European Convention on Human Rights

Pieter van Dijk,Godefridus J. H. Hoof,G. J. H. Van Hoof

Author : Pieter van Dijk,Godefridus J. H. Hoof,G. J. H. Van Hoof
Publisher : Martinus Nijhoff Publishers
Page : 884 pages
File Size : 45,9 Mb
Release : 1998-06-03
Category : Political Science
ISBN : 9041105980

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

This is the third edition of Van Dijk and Van Hoof's classic work: "Theory and Practice of the European Convention. The developments which have taken place under the Convention since the second edition was published have been numerous and comprehensive, and 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; and the case-law concerning the Convention has increased significantly. Like its predecessors, this third edition offers a full description of the present procedural practice and case-law of both the European Commission and the European Court of Human Rights, and 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's procedures and working methods, and by its case-law concerning admissibility. This new edition will therefore remain relevant for the practice and case-law of the new Court for many years to come.

Shaping Rights in the ECHR

Eva Brems,Janneke Gerards

Author : Eva Brems,Janneke Gerards
Publisher : Unknown
Page : 367 pages
File Size : 50,6 Mb
Release : 2013
Category : Civil rights
ISBN : 1107721024

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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"--

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

Ingrid Leijten

Author : Ingrid Leijten
Publisher : Cambridge University Press
Page : 355 pages
File Size : 45,9 Mb
Release : 2018-01-25
Category : Political Science
ISBN : 9781107198470

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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.

Theory and Practice of the European Convention on Human Rights

Yutaka Arai

Author : Yutaka Arai
Publisher : Unknown
Page : 0 pages
File Size : 41,7 Mb
Release : 2006
Category : Civil rights
ISBN : 9050956165

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Theory and Practice of the European Convention on Human Rights by Yutaka Arai Pdf

Since the first edition of Theory and Practice of the European Convention on Human Rights in 1978, this book has become a reference in the field of human rights in Europe. It provides a systematic and comprehensive overview of the functioning of the European Convention for the Protection of Human Rights and Fundamental Freedoms and its application by the European Court of Human Rights. As a result of the increase in the number of Parties to the Convention from 22 in 1989 to 46 today and of the coming into force of Protocol No. 11, the protection of human rights in Europe and the case law of the Court have seen a dynamic development during the last decade. This is reflected in this fourth edition of Theory and Practice of the European Convention on Human Rights. Ã?Â?Particular attention is paid to the changes that have taken place in the supervisory system as a result of the coming into force of Protocol No. 11 and to the central part that the Court plays in these changes. This edition also anticipates the entry into force of Protocol No. 14, which will again bring changes to the system. The result is a very accessible and easy-to-use reference book, which provides an essential source of information for the practitioners and theorists in the field of human rights.Ã?Â?

Shaping Rights in the ECHR

Eva Brems,Janneke Gerards

Author : Eva Brems,Janneke Gerards
Publisher : Unknown
Page : 367 pages
File Size : 53,9 Mb
Release : 2013
Category : Civil rights
ISBN : 1107730406

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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"--

Human Rights in the Private Sphere

Andrew Clapham

Author : Andrew Clapham
Publisher : Oxford University Press on Demand
Page : 385 pages
File Size : 48,5 Mb
Release : 1996
Category : Political Science
ISBN : 0198764316

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Human Rights in the Private Sphere by Andrew Clapham Pdf

This book challenges several traditional assumptions concerning human rights. In particular it challenges the presumption that the fundamental rights and freedoms contained in the European Convention on Human Rights are irrelevant for cases which concern the sphere of relations betweenindividuals. It asks whether victims should be protected from non-state actors, and attempts to develop a coherent approach to `human rights in the private sphere'. This study concentrates on the rights contained in the European Convention on Human Rights, and their enforcement in the courts ofthe United Kingdom and at the European level; at the European Commission and Court of Human Rights in Strasbourg, and at the European Court of Justice in Luxembourg. In addition, some constitutional cases are examined from the United States and Canadian legal orders. The application ofinternational human rights law to the private sphere has implications for the worlds of labour relations, race relations, discrimination and violence against women, and for victims of indignities everywhere. This study shows that respect for privacy need not mean excluding wrongs in the privatesphere from the world of human rights.

Irrational Human Rights? An Examination of International Human Rights Treaties

Naiade el-Khoury

Author : Naiade el-Khoury
Publisher : BRILL
Page : 290 pages
File Size : 55,9 Mb
Release : 2020-12-15
Category : Law
ISBN : 9789004439764

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Irrational Human Rights? An Examination of International Human Rights Treaties by Naiade el-Khoury Pdf

In Irrational Human Rights? An Examination of International Human Rights Treaties Naiade el-Khoury pursues the question how effective international human rights treaties really are and offers a discussion on the effects of treaty mechanisms.

Can We Still Afford Human Rights?

Jan Wouters,Koen Lemmens,Thomas Van Poecke,Marie Bourguignon

Author : Jan Wouters,Koen Lemmens,Thomas Van Poecke,Marie Bourguignon
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 46,8 Mb
Release : 2020-10-30
Category : Political Science
ISBN : 9781839100321

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Can We Still Afford Human Rights? by Jan Wouters,Koen Lemmens,Thomas Van Poecke,Marie Bourguignon Pdf

This insightful book offers a critical reflection on the sustainability and effectiveness of the Universal Declaration of Human Rights (UDHR) and its legacy over the last 70 years. Exploring the problems surrounding universality, proliferation and costs, it asks the provocative question, can we still afford human rights?

Universal Human Rights in Theory and Practice

Jack Donnelly

Author : Jack Donnelly
Publisher : Cornell University Press
Page : 333 pages
File Size : 43,9 Mb
Release : 2013-04-15
Category : Political Science
ISBN : 9780801467486

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Universal Human Rights in Theory and Practice by Jack Donnelly Pdf

In the third edition of his classic work, revised extensively and updated to include recent developments on the international scene, Jack Donnelly explains and defends a richly interdisciplinary account of human rights as universal rights. He shows that any conception of human rights—and the idea of human rights itself—is historically specific and contingent. Since publication of the first edition in 1989, Universal Human Rights in Theory and Practice has justified Donnelly’s claim that "conceptual clarity, the fruit of sound theory, can facilitate action. At the very least it can help to unmask the arguments of dictators and their allies."