The European Court Of Human Rights And Its Discontents

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The European Court of Human Rights and its Discontents

Spyridon Flogaitis,Tom Zwart,Julie Fraser
The European Court of Human Rights and its Discontents Book PDF

Author : Spyridon Flogaitis,Tom Zwart,Julie Fraser
Publisher : Edward Elgar Publishing
Page : 241 pages
File Size : 53,6 Mb
Release : 2013-01-01
Category : Political Science
ISBN : 9781782546122

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The European Court of Human Rights and its Discontents by Spyridon Flogaitis,Tom Zwart,Julie Fraser Pdf

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.

Utopia and Its Discontents

Sebastian Mitchell
Utopia and Its Discontents Book PDF

Author : Sebastian Mitchell
Publisher : Bloomsbury Publishing
Page : 267 pages
File Size : 44,7 Mb
Release : 2020-02-20
Category : Literary Criticism
ISBN : 9781441172181

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Utopia and Its Discontents by Sebastian Mitchell Pdf

Utopia and Its Discontents traces literary representations of ideal communities from Plato to the 21st century. Each chapter offers close readings of key utopian and anti-utopian texts to demonstrate how they construct, challenge and explore the ideas and forms of earlier utopian writings and the social and political ideals of their own periods. In this original and insightful study, Sebastian Mitchell demonstrates how literary utopias are often as much about the past as they are about the present and the future. Utopia and Its Discontents concludes by arguing against the idea that the utopian has been eclipsed by the dystopian in contemporary culture. Topics covered include: - Early political and philosophical authors, such as Plato and Thomas More - Literary works, from Jonathan Swift's Gulliver's Travels to George Orwell's Nineteen Eighty-Four - Speculative-fiction writers such as H.G. Wells, Aldous Huxley and Margaret Atwood - Ecological and feminist texts by Ernest Callenbach, Ursula Le Guin and Marge Piercy - Twenty-first century utopianism This is an essential study for scholars and students of utopian literature.

The European Convention on Human Rights

William A. Schabas
The European Convention on Human Rights Book PDF

Author : William A. Schabas
Publisher : Oxford University Press
Page : 1433 pages
File Size : 46,9 Mb
Release : 2015-09-24
Category : Law
ISBN : 9780191066771

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The European Convention on Human Rights by William A. Schabas Pdf

The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.

The Inter American Court of Human Rights

Natalia Torres Zúñiga
The Inter American Court of Human Rights Book PDF

Author : Natalia Torres Zúñiga
Publisher : Taylor & Francis
Page : 224 pages
File Size : 46,5 Mb
Release : 2022-07-05
Category : Law
ISBN : 9781000597981

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The Inter American Court of Human Rights by Natalia Torres Zúñiga Pdf

This book provides a critical legal perspective on the legitimacy of international courts and tribunals. The volume offers a critique of ideology of two legal approaches to the legitimacy of the Inter-American Court of Human Rights (IACtHR) that portray it as a supranational tribunal whose last say on human rights protection has a transformative effect on the democracies of Latin America. The book shows how the discussion between these Latin American legal strands mirrors global trends in the study of the legitimacy of international courts related to the use of constitutional analogies and concepts such as the notion of judicial dialogue and the idea of democratic transformation. It also provides an in-depth analysis of how, through the use of those categories, legal experts studying the legitimacy of the IACtHR enact self-validation processes by making themselves the principal agents of transformation. These self-validation processes work as ideological apparatuses that reproduce and entrench the mindset that the legal discipline is a driving force of change in itself. Further, the book shows how profiling the Court as an agent of transformation diverts attention from the ways in which it has pursued a particular view of human rights and democracy in the region that creates and reproduces relations of inequality and domination. Rather than discarding the IACtHR, this book aims to de-centre the focus away from formal legal institutions, engaging with the idea that ordinary people can mobilise and define the content of law to transform their lives and territories. The book will be a valuable resource for scholars working in the areas of human rights law, law, public international law, legal theory, constitutional law, political science and legal philosophy.

The European Convention on Human Rights and the COVID-19 Pandemic

Ronagh J.A. McQuigg
The European Convention on Human Rights and the COVID 19 Pandemic Book PDF

Author : Ronagh J.A. McQuigg
Publisher : Taylor & Francis
Page : 115 pages
File Size : 40,7 Mb
Release : 2024-01-16
Category : Law
ISBN : 9781040003572

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The European Convention on Human Rights and the COVID-19 Pandemic by Ronagh J.A. McQuigg Pdf

This book provides detailed analysis of the applicability of the provisions of the European Convention on Human Rights to issues raised by the COVID-19 pandemic. It encompasses in-depth discussion of the emerging jurisprudence of the European Court of Human Rights relating to issues arising from the pandemic. To date, a substantial number of complaints concerning such issues have been made to the Court. Human rights claims in the context of the pandemic fall into two broad categories: those based on arguments that states did not put in place sufficient measures to protect individuals from the virus and those entailing arguments that the measures put in place themselves involved breaches of rights. The essential question with which the European Court of Human Rights must grapple is how to adjudicate on the correct balance which should have been struck. The book argues that the Court should be cautious of finding breaches of the European Convention on Human Rights in cases involving public restrictions which were applied for the purpose of protecting life and health in response to a global pandemic. If the concept of a human rights violation is defined too broadly, it dilutes the seriousness of such a breach. In particular, it is argued that to preserve the legitimacy of human rights law, the Court must be cautious of applying an overly narrow margin of appreciation in such cases. The work will be of interest to academics, researchers and policymakers working in the area of human rights.

Citizenship and Its Discontents

Niraja Gopal Jayal
Citizenship and Its Discontents Book PDF

Author : Niraja Gopal Jayal
Publisher : Harvard University Press
Page : 454 pages
File Size : 50,5 Mb
Release : 2013-02-15
Category : Political Science
ISBN : 9780674070998

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Citizenship and Its Discontents by Niraja Gopal Jayal Pdf

Breaking new ground in scholarship, Niraja Jayal writes the first history of citizenship in the largest democracy in the world—India. Unlike the mature democracies of the west, India began as a true republic of equals with a complex architecture of citizenship rights that was sensitive to the many hierarchies of Indian society. In this provocative biography of the defining aspiration of modern India, Jayal shows how the progressive civic ideals embodied in the constitution have been challenged by exclusions based on social and economic inequality, and sometimes also, paradoxically, undermined by its own policies of inclusion. Citizenship and Its Discontents explores a century of contestations over citizenship from the colonial period to the present, analyzing evolving conceptions of citizenship as legal status, as rights, and as identity. The early optimism that a new India could be fashioned out of an unequal and diverse society led to a formally inclusive legal membership, an impulse to social and economic rights, and group-differentiated citizenship. Today, these policies to create a civic community of equals are losing support in a climate of social intolerance and weak solidarity. Once seen by Western political scientists as an anomaly, India today is a site where every major theoretical debate about citizenship is being enacted in practice, and one that no global discussion of the subject can afford to ignore.

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 : 44,7 Mb
Release : 2021-04-30
Category : Law
ISBN : 9781839108341

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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.

European Consensus and the Legitimacy of the European Court of Human Rights

Kanstantsin Dzehtsiarou
European Consensus and the Legitimacy of the European Court of Human Rights Book PDF

Author : Kanstantsin Dzehtsiarou
Publisher : Cambridge University Press
Page : 255 pages
File Size : 41,5 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781107041035

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European Consensus and the Legitimacy of the European Court of Human Rights by Kanstantsin Dzehtsiarou Pdf

The most comprehensive and critical analysis of the application of European consensus by the European Court of Human Rights.

International Law and its Discontents

Barbara Stark
International Law and its Discontents Book PDF

Author : Barbara Stark
Publisher : Cambridge University Press
Page : 307 pages
File Size : 40,8 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781107047501

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International Law and its Discontents by Barbara Stark Pdf

Brings together international law's most outspoken 'discontents' to expose international law's complicity in the ongoing economic and financial global crises.

The European Court of Human Rights and the Freedom of Religion or Belief

Jeroen Temperman,T. Jeremy Gunn,Malcolm D. Evans
The European Court of Human Rights and the Freedom of Religion or Belief Book PDF

Author : Jeroen Temperman,T. Jeremy Gunn,Malcolm D. Evans
Publisher : BRILL
Page : 630 pages
File Size : 43,5 Mb
Release : 2019-01-04
Category : Law
ISBN : 9789004346901

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The European Court of Human Rights and the Freedom of Religion or Belief by Jeroen Temperman,T. Jeremy Gunn,Malcolm D. Evans Pdf

The European Court of Human Rights and the Freedom of Religion or Belief is the first systematic analyis of the Court's first twenty-five years of jurisprudence on one of the most hotly contested areas of human rights.

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 : 54,6 Mb
Release : 2023-03-16
Category : Electronic
ISBN : 9780198862000

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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

The Construction of Fatherhood

Alice Margaria
The Construction of Fatherhood Book PDF

Author : Alice Margaria
Publisher : Cambridge University Press
Page : 207 pages
File Size : 45,7 Mb
Release : 2019-11-28
Category : Law
ISBN : 9781108475099

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The Construction of Fatherhood by Alice Margaria Pdf

Explores the ECtHR's understanding of what it means to be a 'father' and the role of doctrines of interpretation.

Parliaments and the European Court of Human Rights

Alice Donald,Philip Leach
Parliaments and the European Court of Human Rights Book PDF

Author : Alice Donald,Philip Leach
Publisher : Oxford University Press
Page : 340 pages
File Size : 45,6 Mb
Release : 2016-08-19
Category : Law
ISBN : 9780191093159

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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 institional 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 mobilisation: 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.

The Art of Judicial Reasoning

Gunnar Selvik,Michael-James Clifton,Theresa Haas,Luísa Lourenço,Kerstin Schwiesow
The Art of Judicial Reasoning Book PDF

Author : Gunnar Selvik,Michael-James Clifton,Theresa Haas,Luísa Lourenço,Kerstin Schwiesow
Publisher : Springer
Page : 323 pages
File Size : 48,9 Mb
Release : 2019-02-28
Category : Law
ISBN : 9783030025533

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The Art of Judicial Reasoning by Gunnar Selvik,Michael-James Clifton,Theresa Haas,Luísa Lourenço,Kerstin Schwiesow Pdf

This book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges. This unique volume is intended first and foremost for legal scholars, but its approachable style makes it readily accessible for students and for those with a general interest in the application of the law and justice in today’s multi-layered world. The collection of essays is rather more philosophical and reflective as opposed to doctrinal. Each contribution focuses on the nature and operation of justice, the independence of the judiciary, and on judicial style primarily from the perspective of the judges themselves. The book provides perspectives on what it means to be accountable and independent as a judge, the role of language and languages in the quest for justice, while other contributions acquaint readers with the some of the structures of courts themselves, or indeed question for whom judgments are written. Each chapter has been written by a presiding judge, or head of an institution and the book is divided into three parts: - Part I Art and Method - Part II Justice and the Judiciary - Part III Reasoning and Language(s)

The New Turkey and Its Discontents

Simon A. Waldman,Emre Caliskan
The New Turkey and Its Discontents Book PDF

Author : Simon A. Waldman,Emre Caliskan
Publisher : Oxford University Press
Page : 362 pages
File Size : 48,5 Mb
Release : 2017
Category : History
ISBN : 9780190668372

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The New Turkey and Its Discontents by Simon A. Waldman,Emre Caliskan Pdf

The Turkey of today little resembles that of recent decades. Its economy has expanded hugely, new political elites have emerged, and the once powerful Kemalist military is no longer a potent and dominant political player. Meanwhile, new prosperity has had many unexpected social and politicalrepercussions, pre-eminent among which is the advent of the Justice and Development Party (AKP), which first came to power in 2002 by downplaying its Islamist leanings and marketing itself as a center-right party.After several terms in office, and amid unprecedented popularity, the conduct of the AKP and its leading cadres has faced growing criticism. Turkey has yet to solve its Kurdish question, and its foreign policy is increasingly under threat as it balances relations with Iran, Israel, Iraq and Russia,to name only a few of its more demanding interlocutors. Widespread domestic protests gripped the country in 2013. The government is now perceived by many to be corrupt, unaccountable, intimidating of the press and intolerant of alternative political views and criticism. Has this once promisingdemocracy descended into a tyranny of the majority led by a charismatic leader, Recep Tayyip Erdogan? Is Turkey more polarized now than ever in its recent history? These are among the questions posed in this timely primer on a rising economic power.