Share

The European Court of Human Rights between Law and Politics

Download The European Court of Human Rights between Law and Politics PDF Online Free

Author :
Release : 2013-09-05
Genre : Law
Kind : eBook
Book Rating : 973/5 ( reviews)

GET EBOOK


Book Synopsis The European Court of Human Rights between Law and Politics by : Jonas Christoffersen

Download or read book The European Court of Human Rights between Law and Politics written by Jonas Christoffersen. This book was released on 2013-09-05. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Human Rights Between Law and Politics

Download Human Rights Between Law and Politics PDF Online Free

Author :
Release : 2017-08-24
Genre : Law
Kind : eBook
Book Rating : 821/5 ( reviews)

GET EBOOK


Book Synopsis Human Rights Between Law and Politics by : Petr Agha

Download or read book Human Rights Between Law and Politics written by Petr Agha. This book was released on 2017-08-24. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses human rights in post-national contexts and demonstrates, through the case law of the European Court of Human Rights, that the Margin of Appreciation doctrine is an essential part of human rights adjudication. Current approaches have tended to stress the instrumental value of the Margin of Appreciation, or to give it a complementary role within the principle of proportionality, while others have been wholly critical of it. In contradiction to these approaches this volume shows that the doctrine is a genuinely normative principle capable of balancing conflicting values. It explores to what extent the tension between human rights and politics, embodied in the doctrine, might be understood as a mutually reinforcing interplay of variables rather than an entrenched separation. By linking the interpretation of the Margin of Appreciation doctrine to a broader conception of human rights, understood as complex political and moral norms, this volume argues that the doctrine can assist in the formulation of the common good in light of the requirements of the Convention.

Law, Democracy and the European Court of Human Rights

Download Law, Democracy and the European Court of Human Rights PDF Online Free

Author :
Release : 2020-11-05
Genre : Law
Kind : eBook
Book Rating : 074/5 ( reviews)

GET EBOOK


Book Synopsis Law, Democracy and the European Court of Human Rights by : Rory O'Connell

Download or read book Law, Democracy and the European Court of Human Rights written by Rory O'Connell. This book was released on 2020-11-05. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.

The European Convention of Human Rights Between Law and Politics

Download The European Convention of Human Rights Between Law and Politics PDF Online Free

Author :
Release : 2014
Genre :
Kind : eBook
Book Rating : /5 ( reviews)

GET EBOOK


Book Synopsis The European Convention of Human Rights Between Law and Politics by : Petr Agha

Download or read book The European Convention of Human Rights Between Law and Politics written by Petr Agha. This book was released on 2014. Available in PDF, EPUB and Kindle. Book excerpt:

A Europe of Rights

Download A Europe of Rights PDF Online Free

Author :
Release : 2008-07-31
Genre : Political Science
Kind : eBook
Book Rating : 200/5 ( reviews)

GET EBOOK


Book Synopsis A Europe of Rights by : Helen Keller

Download or read book A Europe of Rights written by Helen Keller. This book was released on 2008-07-31. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights has evolved into a sophisticated legal system, whose formal reach into the domestic law and politics of the Contracting States is limited only by the ever-widening scope of the Convention itself, as determined by a transnational court. In this book, a team of distinguished scholars trace and evaluate, comparatively, the impact of the ECHR and the European Court of Human Rights on law and politics in eighteen national systems: Ireland-UK; France-Germany, Italy-Spain, Belgium-Netherlands, Norway-Sweden, Greece-Turkey, Russia-Ukraine, Poland-Slovakia, and Austria-Switzerland. Although the Court's jurisprudence has provoked significant structural, procedural, and policy innovation in every State examined, its impact varies widely across States and legal domains. The book charts this variation and seeks to explain it. Across Europe, national officials - in governments, legislatures, and judiciaries - have chosen to incorporate the ECHR into domestic law, and they have developed a host of mechanisms designed to adapt the national legal system to the ECHR as it evolves. But how and why State actors have done so varies in important ways, and these differences heavily determine the relative status and effectiveness of Convention rights in national systems. Although problems persist, the book shows that national officials are, gradually but inexorably, being socialized into a Europe of rights, a unique transnational legal space now developing its own logics of political and juridical legitimacy.

You may also like...