The European Court Of Human Rights And Its Discontents
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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.
Euroconstitutionalism And Its Discontents
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Author : Oliver Gerstenberg
language : en
Publisher: Oxford University Press
Release Date : 2018-11-30
Euroconstitutionalism And Its Discontents written by Oliver Gerstenberg and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-30 with Law categories.
This book addresses the question of social constitutionalism, especially with regard to its role in the contemporary European project. For reasons of history and democracy, Europeans share a deep commitment to social constitutionalism. But in the contemporary European constitutional debate, constitutionalism and social democracy have become antagonists, with the survival of the one seeming to require sacrifice of the other. This book challenges the common view that constitutionalization means de-politicization. It argues that courts can exert a more indirect, creative, and agenda-setting role in the process of an ongoing clarification of the meaning of a right. The CJEU and the ECtHR - as courts beyond the nation state - are able to constructively re-open and re-politicize controversies that may appear settled at the national level in their constitutionalizing jurisprudence. And, crucially, our understanding of shared European constitutional principles is itself subject to revision and reconsideration as we accumulate experiences of dealing with diverse national contexts. By examining the jurisprudence of the CJEU and the ECtHR, the book demonstrates that in domain after domain, ranging from the protection of the vulnerable in the European social market to the guarantee of freedom of conscience, which in Europe emerged after many centuries of religious persecution, both courts can enhance and deepen democracy and thereby encourage the liberal project of constitutionalism beyond the state. Over time, once interpretive answers have become established in practice, courts can then move towards stronger forms of judicial intervention that consolidate best practice. It is this democratic and experimental process which lies at the heart of the distinctive model of contemporary Euroconstitutionalism.
Blasphemy And Freedom Of Expression
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Author : Jeroen Temperman
language : en
Publisher: Cambridge University Press
Release Date : 2017-11-16
Blasphemy And Freedom Of Expression written by Jeroen Temperman 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 2017-11-16 with Law categories.
This book details the legal ramifications of existing anti-blasphemy laws and debates the legitimacy of such laws in Western liberal democracies.
Utopia And Its Discontents
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Author : Sebastian Mitchell
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-02-20
Utopia And Its Discontents written by Sebastian Mitchell and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-20 with Literary Criticism categories.
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
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Author : William A. Schabas
language : en
Publisher: Oxford University Press
Release Date : 2015-09-24
The European Convention On Human Rights written by William A. Schabas and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-24 with Law categories.
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 European Convention On Human Rights
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Author : William Schabas
language : en
Publisher: Oxford Commentaries on Interna
Release Date : 2015
The European Convention On Human Rights written by William Schabas and has been published by Oxford Commentaries on Interna this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
The first complete article-by-article English commentary on the ECHR, with chapters devoted to each distinct provision or article, this commentary explores the substance of the rights, the workings of the Court, and the enforcement of judgements.
Implementation Of The European Convention On Human Rights And Of The Judgments Of The Ecthr In National Case Law
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Author : Janneke Gerards
language : en
Publisher:
Release Date : 2014
Implementation Of The European Convention On Human Rights And Of The Judgments Of The Ecthr In National Case Law written by Janneke Gerards and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Convention for the Protection of Human Rights and Fundamental Freedoms ǂd (1950 November 5) categories.
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.
The Inter American Court Of Human Rights
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Author : Natalia Torres Zúñiga
language : en
Publisher: Taylor & Francis
Release Date : 2022-07-05
The Inter American Court Of Human Rights written by Natalia Torres Zúñiga and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-05 with Law categories.
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
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Author : Ronagh J.A. McQuigg
language : en
Publisher: Taylor & Francis
Release Date : 2024-01-16
The European Convention On Human Rights And The Covid 19 Pandemic written by Ronagh J.A. McQuigg and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-16 with Law categories.
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.
The European Court Of Human Rights
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Author : Helmut P. Aust
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-04-30
The European Court Of Human Rights written by Helmut P. Aust 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 2021-04-30 with Law categories.
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.