Author : Angelika Nussberger
Publisher : Elements of International Law
Page : 257 pages
File Size : 34,11 MB
Release : 2020
Category : Law
ISBN : 0198849648
Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.
Author : Helmut P. Aust
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 50,8 MB
Release : 2021-04-30
Category : Law
ISBN : 1839108347
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.
Author : Kanstantsin Dzehtsiarou
Publisher : Cambridge University Press
Page : 251 pages
File Size : 47,87 MB
Release : 2021-12-02
Category : Law
ISBN : 1108752349
In this book, Kanstantsin Dzehtsiarou argues that, from the legal perspective, the formula 'European public order' is excessively vague and does not have an identifiable meaning; therefore, it should not be used by the European Court of Human Rights (ECtHR) in its reasoning. However, European public order can also be understood as an analytical concept which does not require a clearly defined content. In this sense, the ECtHR can impact European public order but cannot strategically shape it. The Court's impact is a by-product of individual cases which create a feedback loop with the contracting states. European public order is influenced as a result of interaction between the Court and the contracting parties. This book uses a wide range of sources and evidence to substantiate its core arguments: from a comprehensive analysis of the Court's case law to research interviews with the judges of the ECtHR.
Author : Spyridon Flogaitis
Publisher : Edward Elgar Publishing
Page : 241 pages
File Size : 31,29 MB
Release : 2013-01-01
Category : Political Science
ISBN : 178254612X
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.
Author : Rory O'Connell
Publisher : Cambridge University Press
Page : 321 pages
File Size : 40,8 MB
Release : 2020-11-05
Category : Law
ISBN : 1107035074
Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.
Author : Kanstantsin Dzehtsiarou
Publisher : Cambridge University Press
Page : 255 pages
File Size : 21,57 MB
Release : 2015-04-30
Category : Law
ISBN : 1107041031
The most comprehensive and critical analysis of the application of European consensus by the European Court of Human Rights.
Author : Ed Bates
Publisher : Oxford University Press
Page : 609 pages
File Size : 12,80 MB
Release : 2010-12-23
Category : Law
ISBN : 0199207992
The European Convention on Human Rights is probably the most effective system of international human rights control created. This book examines the story of the evolution of the Convention over its first 50 years. It explains how the Convention system grew up and how it came to exert such an important influence on the States which subscribe to it.
Author : Steven Greer
Publisher : Cambridge University Press
Page : 33 pages
File Size : 41,50 MB
Release : 2006-11-30
Category : Law
ISBN : 1139461966
This book critically appraises the European Convention on Human Rights as it faces some daunting challenges. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War, and that these are now to articulate an 'abstract constitutional model' for the entire continent, and to promote convergence in the operation of public institutions at every level of governance. The implications - from national compliance, to European international relations, including the adjudication of disputes by the European Court of Human Rights - are fully explored. As the first book-length socio-legal examination of the Convention's principal achievements and failures, this study not only blends legal and social science scholarship around the theme of constitutionalization, but also offers a coherent set of policy proposals which both address the current case-management crisis and suggest ways forward neglected by recent reforms.
Author : Patricia Popelier
Publisher :
Page : 0 pages
File Size : 28,4 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 : William A. Schabas
Publisher : Oxford University Press
Page : 1433 pages
File Size : 29,94 MB
Release : 2015-09-24
Category : Law
ISBN : 0191066761
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.
