European Consensus And The Legitimacy Of The European Court Of Human Rights
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European Consensus And The Legitimacy Of The European Court Of Human Rights
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Author : Kanstantsin Dzehtsiarou
language : en
Publisher: Cambridge University Press
Release Date : 2015-04-30
European Consensus And The Legitimacy Of The European Court Of Human Rights written by Kanstantsin Dzehtsiarou and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-30 with Law categories.
The most comprehensive and critical analysis of the application of European consensus by the European Court of Human Rights.
Building Consensus On European Consensus
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Author : Panos Kapotas
language : en
Publisher: Cambridge University Press
Release Date : 2019-01-17
Building Consensus On European Consensus written by Panos Kapotas and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-17 with Law categories.
Presents a critical evaluation of a controversial interpretative tool the ECtHR uses to answer morally/politically sensitive human rights questions.
The European Court Of Human Rights And Its Discontents
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Author : Spyridon Flogaitis
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
The European Court Of Human Rights And Its Discontents written by Spyridon Flogaitis and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Political Science categories.
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.
European Consensus Between Strategy And Principle
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Author : Jens T. Theilen
language : en
Publisher: Nomos Verlagsgesellschaft
Release Date : 2021
European Consensus Between Strategy And Principle written by Jens T. Theilen and has been published by Nomos Verlagsgesellschaft this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Human rights categories.
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.
Great Debates On The European Convention On Human Rights
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Author : Fiona de Londras
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-03-16
Great Debates On The European Convention On Human Rights written by Fiona de Londras and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-16 with Law categories.
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.
The Legitimacy Of Family Rights In Strasbourg Case Law
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Author : Carmen Draghici
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-02-09
The Legitimacy Of Family Rights In Strasbourg Case Law written by Carmen Draghici and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-09 with Law categories.
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.
The Legitimacy Of International Human Rights Regimes
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Author : Andreas Føllesdal
language : en
Publisher: Cambridge University Press
Release Date : 2014
The Legitimacy Of International Human Rights Regimes written by Andreas Føllesdal and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
This book traverses the disciplines of law, political philosophy and international relations in assessing the normative legitimacy of international human rights regimes.
A Constitutionalist Approach To The European Convention On Human Rights
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Author : Lisa Sonnleitner
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-04-21
A Constitutionalist Approach To The European Convention On Human Rights written by Lisa Sonnleitner and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-21 with Law categories.
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.
Law Democracy And The European Court Of Human Rights
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Author : Rory O'Connell
language : en
Publisher: Cambridge University Press
Release Date : 2020-11-05
Law Democracy And The European Court Of Human Rights written by Rory O'Connell and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-05 with Law categories.
Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.
Comparative Reasoning In International Courts And Tribunals
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Author : Daniel Peat
language : en
Publisher: Cambridge University Press
Release Date : 2019-06-13
Comparative Reasoning In International Courts And Tribunals written by Daniel Peat and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-13 with Law categories.
This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.