The European Convention Of Human Rights Regime
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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.
Introduction To The European Convention On Human Rights
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Author : Jean-François Renucci
language : en
Publisher: Council of Europe
Release Date : 2005-01-01
Introduction To The European Convention On Human Rights written by Jean-François Renucci and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.
The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.
Law Of The European Convention On Human Rights
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Author : David John Harris
language : en
Publisher: Lexis Law Publishing (Va)
Release Date : 1995
Law Of The European Convention On Human Rights written by David John Harris and has been published by Lexis Law Publishing (Va) this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
2. The right to marry
The European Court Of Human Rights Between Law And Politics
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Author : Jonas Christoffersen
language : en
Publisher: OUP Oxford
Release Date : 2013-09-05
The European Court Of Human Rights Between Law And Politics written by Jonas Christoffersen and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-05 with Law categories.
The European Court of Human Rights between Law and Politics provides a comprehensive analysis of the origins and development of one of the most striking supranational judicial institutions. The book brings together leading scholars and practitioners to cast new light on the substantial jurisprudence and ongoing political reform of the Court. The broad analysis based on historical, legal, and social science perspectives provides new insights into the institutional crisis of the Court and identifies the lessons that can be learned for the future of the European Convention on Human Rights and Fundamental Freedoms. The European Court of Human Rights is in many ways is an unparalleled success. The Court embarked, during the 1970s, upon the development of a progressive and genuinely European jurisprudence. In the post-Cold War era, it went from being the guarantor of human rights solely in Western Europe to becoming increasingly involved in the transition to democracy and the rule of law in Eastern Europe. Now the protector of the human rights of some 800 million Europeans from 47 different countries, the European system is once again deeply challenged - this time by a massive case load and by the Member States' increased reluctance towards the Court. This book paves the way for a better understanding of the system and hence a better basis for choosing the direction of the next stage of development.
European Human Rights Law
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Author : Mark W. Janis
language : en
Publisher:
Release Date : 2008
European Human Rights Law written by Mark W. Janis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
The third edition of European Human Rights Law: Text and Materials has been substantially expanded to provide a complete review of the wide range of rights the Convention protects, with new chapters on the right to life, property, discrimination, religious freedom, and education. The book introduces both the process and the substance of this increasingly important area of European law. A broad selection of extracts from essential cases and materials is accompanied by stimulating commentary that guides the reader through the legal rules and court system that have evolved in Strasbourg, how the court works, and how European human rights law is enforced both at the national and international level. European human rights law is also placed into a useful comparative framework alongside human rights cases decided by courts in the United States, Canada, and elsewhere. This third edition has been extensively updated to cover the major developments of recent years, including the reform of the European Court of Human Rights and the expansion of the system to central and eastern Europe.
European Convention On Human Rights In The Context Of The European Union Law
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Author : Sead S. Fetahagić
language : en
Publisher: GRIN Verlag
Release Date : 2017-03-14
European Convention On Human Rights In The Context Of The European Union Law written by Sead S. Fetahagić and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-14 with Law categories.
Seminar paper from the year 2003 in the subject Politics - Topic: Public International Law and Human Rights, grade: 8/10, University of Sarajevo (Centre for Interdisciplinary Postgraduate Studies), course: European Studies, language: English, abstract: The paper offers a review of a parallel development of two distinct but increasingly overlapping systems of the protection of human rights, the one under the auspices of the Council of Europe and its European Convention on Human Rights and the other integrated within the Community Law of the European Communities and later the European Union. The former established the individual citizen as the subject of international law, who may seek protection for alleged violations of his/her rights directly from the European Court of Human Rights in Strasbourg. This system operates relatively efficiently since it is based on the largely universally accepted political principles of democracy and human rights by all member states of the Council of Europe. In contrast, the Community Law system is concerned more with economic and social rights of the European Union citizens. Given a specific supra-national legal system of the European Union some of its norms may collide with the European Convention on Human Rights as well as with national constitutions of EU member states. Under the doctrine of "surrendered sovereignty" the European Court of Justice is authorized to issue direct orders to national courts when applying the Community Law. This is not the case with the European Court of Human Rights, which can act only on an individual case-to-case basis without giving preliminary judgements on national laws in general. Moreover, the two courts gave different interpretations of certain provisions of the European Convention on Human Rights in the past and issued contradictory judgements. To avoid such problems, some have proposed an idea that, despite the fact that all EU member states have signed the European Convention on Human Rights, the European Union as an entity should do the same in order to ensure uniformity of legal interpretations and judicial practice, which again raises questions on the legal nature of the European Union.
The European Convention Of Human Rights Regime
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Author : Dia Anagnostou
language : en
Publisher:
Release Date : 2023
The European Convention Of Human Rights Regime written by Dia Anagnostou and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with European Court of Human Rights categories.
"Prompted by an unprecedented rise of litigation since the 1990s, this book examines how the European Convention of Human Rights (ECHR) system and the Strasbourg Court interact with states and non-governmental actors to influence domestic change. Focusing on European Court of Human Rights litigation and state implementation of judgments related to minority discrimination and asylum/migration, it argues that a fundamental transformation of the Convention system has been under way. Repeat and strategic litigation, shifting methods of supervision and state implementation to remedy systemic violations, and above all the growing engagement of civil society and non-governmental actors, have prompted a distinctive trend of human rights experimentalism. The emergence of experimentalism has profound implications for the legitimacy, effectiveness and further reform of the ECHR system. This study provides an original constitutive account of regional human rights regimes and how they are activated by societal actors to claim rights, advance case law, and pressure for domestic legal and policy change. It will be of interest to international law and international relations scholars, political scientists, specialists on the ECHR, the Strasbourg Court, as well as to scholars interested in the human rights of immigrants and minorities"--
Introduction To The International Human Rights Regime
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Author : Manfred Nowak
language : en
Publisher: BRILL
Release Date : 2021-10-01
Introduction To The International Human Rights Regime written by Manfred Nowak and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-01 with Law categories.
Human rights are the only universally recognized system of contemporary values which, during the last 50 years, has been gradually developed and defined by all States in a comprehensive international legal framework. The international human rights regime is closely related to international peace and security, development and a global trend towards pluralist democracy, good governance and the rule of law. International humanitarian and criminal law can today be considered as specific aspects of international human rights law, which after the end of the Cold War has become increasingly complex and difficult to oversee. The present textbook attempts to provide a first and at the same time comprehensive introduction into the idea and significance of human rights, its philosophical and theoretical foundations, historical development, the main structures and procedures of international human rights protection by the United Nations and regional organizations (Council of Europe, Organization of American States, African Union, OSCE and others), and modern trends, such as preventive mechanisms, international criminal law, human rights as essential elements of peace-keeping and peace-building operations, humanitarian intervention or the relationship between human rights and terrorism. The book perceives human rights as an inter-disciplinary topic and illustrates the theory of human rights with a considerable number of practical case-studies, graphics, statistics, procedural charts and textboxes. It serves as a textbook for students of law, political science, international relations and other academic fields related to human rights, but may as well be used as a first introduction for those working in the field, for NGO activists, legal practitioners and others interested in the fascinating world of universal human rights.
The Dynamics Of Development In The European Human Rights Convention System
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Author : Clovis C. Morrisson
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1981-08-31
The Dynamics Of Development In The European Human Rights Convention System written by Clovis C. Morrisson and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981-08-31 with Political Science categories.
On the Commission and the Court.
European Convention On Human Rights
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Author : B. Krishnamurthy
language : en
Publisher:
Release Date : 2012
European Convention On Human Rights written by B. Krishnamurthy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Convention for the Protection of Human Rights and Fundamental Freedoms categories.
Europe claims to have historically and traditionally developed a human rights culture, along with an adherence to liberalism. Several European scholars have attempted to contest, criticize, and challenge the fundamental rights and the system perpetuated to promote and protect them, with the sole aim of strengthening and reinforcing these rights. This book examines and evaluates the contribution of the European human rights regime, established 60 years ago under the auspices of Council of Europe. The contributions by scholars from India and Europe cover different aspects of this experience and its outcome.