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The European Human Rights Culture - A Paradox of Human Rights Protection in Europe?

2014-04-30 Law
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Release : 2014-04-30
Genre : Law
Kind : eBook
Book Rating : 442/5 ( reviews)

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Book Synopsis The European Human Rights Culture - A Paradox of Human Rights Protection in Europe? by : Nina-Louisa Arold Lorenz

Download or read book The European Human Rights Culture - A Paradox of Human Rights Protection in Europe? written by Nina-Louisa Arold Lorenz. This book was released on 2014-04-30. Available in PDF, EPUB and Kindle. Book excerpt: The European Human Rights Culture – A Paradox of Human Rights Protection in Europe? analyses the political term “European Human Rights Culture”, a term first introduced by EU Commission President Barroso. Located in the fields of comparative law and European law, this book analyses, through first-hand interviews with the European judiciary, the judicial perspective on the European human rights culture and sets this in context to the political dimension of the term. In addition, it looks at the structures and procedures of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), and explains the embedding of the Courts’ legal cultures. It offers an in-depth analysis of the margin of appreciation doctrine at both the CJEU and ECtHR, and shows its value for addressing human rights grievances. This book is novel in that it combines interviews and case-law analysis to show how a mix of differences on the bench are legally amalgamated to resolve probing legal questions and human rights issues. It shows, through a combined analysis of case-law and recent political developments for European human rights, the tensions between judicial and political approaches and the paradox of human rights protection in Europe. It also offers in-depth knowledge of the European human rights discourse. In addition to a rich study of legal materials, the book looks inside the box by adding the judiciary’s perspective. Human rights are widely acknowledged in European societies and cases claiming human rights violations are increasing at both the CJEU and ECtHR. In these times of increased human rights awareness, this book uncovers a paradox in European human rights protection which is created by the push-and-pull between judicial and political interests.

From Civil to Human Rights

2009-01-01 Political Science
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Release : 2009-01-01
Genre : Political Science
Kind : eBook
Book Rating : 300/5 ( reviews)

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Book Synopsis From Civil to Human Rights by : Helle Porsdam

Download or read book From Civil to Human Rights written by Helle Porsdam. This book was released on 2009-01-01. Available in PDF, EPUB and Kindle. Book excerpt: Helle Porsdam s new book is a readable and perceptive analysis of European and American perceptions of essential human rights and their roots in national and regional cultures. Professor Porsdam traces the notions of civil, political, social and economic interests as rights protected and implemented by law on both sides of the Atlantic. From Civil to Human Rights is a must read for Europeans, Americans, and everyone else who wants to learn more about the institutions, values, hopes and dreams that bring us together and hold us apart at the beginning of the 21st century. Peter L. Murray, Harvard Law School, Cambridge, US Is there a special human rights narrative emerging from the chastened soul of post-war Europe? What lies ahead for that great but shattered community? Helle Porsdam, a leader in the related fields of human rights and humane letters, bids fair to answer these and other pressing questions. Along the way her highly nuanced intellect addresses the frustrating differences among those contentious first cousins, Europe and the United States. The result is a wide-ranging, richly informed inquiry about Europe s rise from the ashes and the choices it must make to inspire rather than repulse the world around it. Richard Weisberg, Cardozo Law School, New York, US Europeans have attempted for some time to develop a human rights talk and now European intellectuals are talking about the need to construct European narratives . This book illustrates that these narratives will emphasize a political and cultural vision for a multi-ethnic and more cosmopolitan Europe. The narratives evolve around human rights, partly in the hope that they might function as a cultural glue in an increasingly multi-ethnic Europe, and partly because they are intimately connected with that part of enlightenment thinking that sought to promote democracy and the rule of law. Helle Porsdam discusses the development of human rights as a discourse of atonement for Europeans a discourse which has the potential to become a shared, transatlantic discourse. Using an interdisciplinary approach, this book will be an invaluable research tool for postgraduate students and scholars within the fields of law, history, political science and international relations.

Human Rights as Indivisible Rights

2009-09-28 Law
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Release : 2009-09-28
Genre : Law
Kind : eBook
Book Rating : 680/5 ( reviews)

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Book Synopsis Human Rights as Indivisible Rights by : Ida Koch

Download or read book Human Rights as Indivisible Rights written by Ida Koch. This book was released on 2009-09-28. Available in PDF, EPUB and Kindle. Book excerpt: It is usually assumed that economic, social and cultural rights are two different kinds of rights. Despite this dichotomous perception of human rights we talk about human rights as indivisible, interrelated and interdependent. The purpose of the book has been to examine how the European Court of Human Rights perceives of the indivisibility notion as a legal phenomenon. This is done by analysing five different socio-economic rights: the right to health, the right to housing, the right to education, the right to social cash benefits and various work related rights. The examination clearly illustrates that the Court perceives of human rights as indivisible rights and this integrated approach to human rights protection and its further potential is discussed from a hermeneutic perspective.

The EU and Human Rights

1999 Law
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Release : 1999
Genre : Law
Kind : eBook
Book Rating : 069/5 ( reviews)

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Book Synopsis The EU and Human Rights by : Philip Alston

Download or read book The EU and Human Rights written by Philip Alston. This book was released on 1999. Available in PDF, EPUB and Kindle. Book excerpt: For all its achievements in integrating Europe, the EU lacks a human rights policy which is coherent, balanced and professionally administered. This volume provides an insightful critique of current policies and detailed recommendations for the future by leading experts in the field including individuals from every EU country.

Human Rights Law in Europe

2014-03-21 Law
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Release : 2014-03-21
Genre : Law
Kind : eBook
Book Rating : 935/5 ( reviews)

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Book Synopsis Human Rights Law in Europe by : Kanstantsin Dzehtsiarou

Download or read book Human Rights Law in Europe written by Kanstantsin Dzehtsiarou. This book was released on 2014-03-21. Available in PDF, EPUB and Kindle. Book excerpt: This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.

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