Author : Federico Fabbrini
Publisher : Oxford University Press, USA
Page : 340 pages
File Size : 37,8 MB
Release : 2014-02
Category : Law
ISBN : 0198702043
This book examines the European system for the protection of fundamental rights. The aim is to identify the constitutional dynamics that occur as a result of the interaction between state and transnational human rights standards. Fabbrini compares the European system with the US federal system based on four case studies.
Author : Marton Varju
Publisher : Edward Elgar Publishing
Page : 297 pages
File Size : 39,68 MB
Release : 2014-03-28
Category : Law
ISBN : 1781951748
The European Union�s jurisprudence is responsible for a complex body of human rights law which pursues a busy, multi-tiered agenda and is essential for the lawful and the effective operation and development of the EU polity and its legal order. This in
Author : Patricia Popelier
Publisher :
Page : 0 pages
File Size : 30,48 MB
Release : 2016
Category : Civil rights
ISBN : 9781780684017
The goal of the volume is to explore how widespread criticism of the European Court of Human Rights is. It also assesses to what extent such criticism is being translated in strategies at the political level or at the judicial level and brings about concrete changes in the dynamics between national and European fundamental rights protection.
Author : Nanette A. Neuwahl
Publisher : BRILL
Page : 351 pages
File Size : 26,69 MB
Release : 2021-09-27
Category : Law
ISBN : 9004482423
Author : Emmanuelle Bribosia
Publisher :
Page : 0 pages
File Size : 18,56 MB
Release : 2018
Category : Civil rights
ISBN : 9781780686134
Human Rights Tectonics: Global Dynamics of Integration and Fragmentation is a collaborative effort of internationally renowned human rights experts to analyse the effectiveness of legal protection in a highly fragmented and multi-layered human rights system.Bringing together international, European and national perspectives and focusing on select subject areas such as non-discrimination, accommodation of cultural identity and socio-economic rights, the book examines the difficulties faced by human rights lawyers in their day-to-day work. Through the implementation of a methodology applying both theoretical inquiry and case study examples, the book analyses the impact of the fragmentation of international and regional human rights and how this can cause failures in effective legal protection or, on certain occasions, strengthen it. The imagery of plate tectonics aims to portray the extent to which human rights law is in perpetual construction and constant renewal with lines of convergence and divergence. Entangled into battles, shocks, jolts or clashes, human rights find themselves today 'on trial'. Against this backdrop, the book addresses the case for an increased integration of human rights law, comprehensively and critically, with a focus on concrete and contemporary issues.
Author : Sionaidh Douglas-Scott
Publisher : Edward Elgar Publishing
Page : 585 pages
File Size : 47,97 MB
Release : 2017-07-21
Category : Law
ISBN : 1782546405
The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This comprehensive and timely Handbook explores the principles underlying the development of fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them.
Author : European Commission for Democracy through Law
Publisher : Council of Europe
Page : 236 pages
File Size : 28,60 MB
Release : 2011-01-01
Category : Political Science
ISBN : 9789287171344
What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?
Author : Tamara K. Hervey
Publisher : Cambridge University Press
Page : 749 pages
File Size : 10,76 MB
Release : 2015-11-12
Category : Law
ISBN : 1107010497
The first holistic and thematic study of EU health law, and its implications, through its own internal logics.
Author : Howard Charles Yourow
Publisher : BRILL
Page : 241 pages
File Size : 48,31 MB
Release : 2021-09-27
Category : Law
ISBN : 9004482261
The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence is the first full-length monograph to treat this subject, which is of central importance to the interpretation and application of the European Convention on Human Rights. It will enrich the understanding and appreciation of judges, advocates, civil servants, scholars, researchers, students, and indeed of anyone whose life and work is affected by national and international human rights adjudication. This thorough and learned analysis synthesizes the work of the Strasbourg judicial organs, proceeding in the light of the ongoing debates on the appropriate place of the margin doctrine in the Strasbourg jurisprudence. The author's rich conclusions add texture and perspective to the future judicial and scholarly dialogues which will no doubt continue to surround this subject matter. The text is eminently readable, written in a clear and precise style to be appreciated by the novice and specialist alike. The newcomer to human rights and to the Convention will find it an inviting introduction to complex material; the expert will gain new and expanded insights into the development of the case law rarely to be found in this breadth and depth.
Author : Lorenza Violini
Publisher : Edward Elgar Publishing
Page : 249 pages
File Size : 48,85 MB
Release : 2018-10-26
Category : Law
ISBN : 1786436051
The composite nature of the EU constitutional legal framework and the presence of different fundamental rights protection actors within the European landscape presents a complex and fragmented scenario in search of a coherent structure. This discerning book provides a thorough analysis and offers a unique perspective on the future of fundamental rights protection in Europe. With engaging contributions from both scholars and practitioners, the chapters consider not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies. The contributors cover the different features and implications of judicial and non-judicial bodies at national, supranational and institutional level, paying close attention to their interaction and the ways in which each have a role to play in a comprehensive fundamental rights policy. Particular attention is paid to both the individual dimension of rights protection and the systemic dimension of rights monitoring and advisory, which have been largely overlooked in previous studies. Taking account of both theory and practice, this book will be a valuable resource to legal scholars in the fields of human rights protection, constitutional law and EU law. Members of national and supranational human rights organizations will also find this a valuable tool in discovering more about the legal foundations of their work. Contributors include: M. Avbelj, A. Baraggia, F. Fabbrini, M.E. Gennusa, S. Granata, S. Imamovic, K. Meuwissen, S. Menghini, S. Ninatti, O. Pollicino, C. Rauchegger, L.P. Vanoni, L. Violini
