Law

European Consensus and the Legitimacy of the European Court of Human Rights

Author: Kanstantsin Dzehtsiarou

Publisher: Cambridge University Press

ISBN: 1316298833

Category: Law

Page: N.A

View: 8219

In order to be effective, international tribunals should be perceived as legitimate adjudicators. European Consensus and the Legitimacy of the European Court of Human Rights provides in-depth analyses on whether European consensus is capable of enhancing the legitimacy of the European Court of Human Rights (ECtHR). Focusing on the method and value of European consensus, it examines the practicalities of consensus identification and application and discusses whether State-counting is appropriate in human rights adjudication. With over 30 interviews from judges of the ECtHR and qualitative analyses of the case law, this book gives readers access to firsthand and up-to-date information, and provides an understanding of how the European Court of Human Rights in Strasbourg interprets the European Convention on Human Rights.
European Court of Human Rights

European Consensus and the Legitimacy of the European Court of Human Rights

Author: Kanstantsin Dzehtsiarou

Publisher: N.A

ISBN: 9781107678019

Category: European Court of Human Rights

Page: 254

View: 3012

The most comprehensive and critical analysis of the application of European consensus by the European Court of Human Rights.
Political Science

The European Court of Human Rights and its Discontents

Turning Criticism Into Strength

Author: Spyridon Flogaitis,Tom Zwart,Julie Fraser

Publisher: Edward Elgar Publishing

ISBN: 178254612X

Category: Political Science

Page: 240

View: 5679

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.
Law

A theory of interpretation of the European Convention on Human Rights

Author: George Letsas

Publisher: Oxford University Press, USA

ISBN: 9780199203437

Category: Law

Page: 145

View: 6430

Does the right to life under article 2 ECHR include the right to terminate one's life? Does the right to private life under article 8 ECHR include the right to sleep at night free from airplane noise? Does the right to property under article 1 Protocol 1 ECHR entitle the former King of Greeceto claim compensation for the expropriation of royal property, following a referendum? Do homosexual couples have a right to adopt under article 8 ECHR? This book looks at both how the European Convention on Human Rights has, and ought to, be interpreted. Unlike a purely doctrinal approach, it aimsat proposing an evaluative theory of interpretation for the European Convention on Human Rights. And, unlike a purely normative account, it seeks to locate interpretive values within the history of the ECHR by surveying and analysing all the relevant judgements of the European Court of Human Rights.Consequently, the book discusses cases as much as it discusses philosophical theories, striking an appropriate balance between the two. interpreted. Unlike a purely doctrinal approach, it aims at Examining how law should be interpreted and what legal rights individuals have, this book raisesimportant questions of political morality that are both capable - and in need of - principled justification. George Letsas argues that evolutive interpretation does not refer to how most European member States now understand their obligations under the Convention but to how they should understandthem given the egalitarian values that they share. He defends the idea of an emerging consensus combined with a theory of autonomous concepts as a way to provide the appropriate authority for the Court to adopt an egalitarian theory of human rights. European Convention on Human Rights. And unlike apurely A Theory of Interpretation of the European Convention on Human Rights provides a philosophically informed study of the methods of interpretation used by the European Court of Human Rights in Strasbourg. By drawing on Anglo-Americal legal, political and moral philosophy, the book also aims toprovide a normative theory of the foundations of the ECHR rights.
Political Science

Constituting Europe

The European Court of Human Rights in a National, European and Global Context

Author: Andreas Føllesdal,Birgit Peters,Geir Ulfstein

Publisher: Cambridge University Press

ISBN: 110706743X

Category: Political Science

Page: N.A

View: 5152

At fifty, the European Court of Human Rights finds itself in a new institutional setting. With the EU joining the European Convention on Human Rights in the near future, and the Court increasingly having to address the responsibility of states in UN-led military operations, the Court faces important challenges at the national, European and international levels. In light of recent reform discussions, this volume addresses the multi-level relations of the Court by drawing on existing debates, pointing to current deficits and highlighting the need for further improvements.
History

The Evolution of the European Convention on Human Rights

From Its Inception to the Creation of a Permanent Court of Human Rights

Author: Ed Bates

Publisher: Oxford University Press

ISBN: 0199207992

Category: History

Page: 571

View: 4349

On 4 November 2010 the European Convention on Human Rights Celebrated its sixtieth anniversary. It has undergone a spectacular evolution since its creation in 1950. In recent times the European Court of Human Rights has been compared to a quasi-constitutional court for Europe in the field of human rights, and for some time the Convention has been viewed as a European Bill of Rights. The `coming of age' of the ECHR system in the late 1990s was marked by the entry into force of Protocol 11, creating a new, full-time Court. By contrast, those who first proposed a European human rights guarantee were driven by an ambition to put a place in collective pact to prevent the re-emergence of totalitarianism in `free' Europe. They were motivated by the memory of World War Two and the protection of human rights was seen in that light. When the Convention was opened for signature in 1950 it was viewed by many with scepticism and disappointment. The Convention system took many years to get established. In the mid-1960s doubts were expressed as to whether the Court had a future, and in the 1970s the Convention system of control faced a number of serious challenges. This book mainly focuses on the story of the evolution of the Convention during its first fifty years (up to 1998), although there is also a final chapter on the post-1998 situation. It reflects on the Convention's origins and charts the slow progress that it made during the 1950s and 1960s, before, in the late 1970s, the European Court of Human Rights delivered a series of landmark judgments which proved to be the foundation stones for the European Bill of Rights that we know today.
Law

Human Rights in the UK and the Influence of Foreign Jurisprudence

Author: Hélène Tyrrell

Publisher: Bloomsbury Publishing

ISBN: 1509904956

Category: Law

Page: 240

View: 1210

Human Rights in the UK and the Influence of Foreign Jurisprudence represents the first major empirical study of the use of foreign jurisprudence at the UK Supreme Court. This book focuses on the patterns of use and non use of rulings from foreign domestic courts in human rights cases before the UK Supreme Court. Results are drawn from quantitative and qualitative research, presenting data from the first eight years of Supreme Court activity. The evidence includes interviews with active and former members of the senior judiciary, as well as a focus group including some of the Supreme Court Judicial Assistants. It is argued that foreign jurisprudence is more intimately woven into the fabric of judicial reasoning, and serves a wider range of functions, than the term 'persuasive authority' might imply. Foreign jurisprudence is used mainly as a heuristic device, providing judges with a fresh analytical lens. Foreign jurisprudence is also important when interpreting a common legislative scheme, supporting dialogue between the Supreme Court and supranational courts such as the European Court of Human Rights. The perspectives offered by foreign jurisprudence can also support a stronger conception of domestic human rights. In these ways, this book addresses a broader political question about the source of human rights in the UK.
Law

Human Rights Law in Europe

The Influence, Overlaps and Contradictions of the EU and the ECHR

Author: Kanstantsin Dzehtsiarou,Theodore Konstadinides,Tobias Lock,Noreen O'Meara

Publisher: Routledge

ISBN: 1135971862

Category: Law

Page: 248

View: 4152

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.
Political Science

Judicial Dialogue and Human Rights

Author: Amrei Müller

Publisher: Cambridge University Press

ISBN: 131680254X

Category: Political Science

Page: N.A

View: 9258

This book offers a comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights. The analysis covers national courts' judicial dialogue from different regions of the world, including Eastern Europe, Latin America, Canada, Nigeria and Malaysia. The text is complemented by studies on specific subject matters such as LGTBI people's and asylum seekers' rights that further contribute to a better understanding of factors that stimulate or hold back judicial dialogue, and by first hand insights of domestic and European Court of Human Rights judges into their courts' involvement in judicial dialogue. The book features contributions from leading scholars and judges, whose combined perspectives provide an interesting and timely study.
Law

Building Consensus on European Consensus

Judicial Interpretation of Human Rights in Europe and Beyond

Author: Panos Kapotas,Vassilis P. Tzevelekos

Publisher: Cambridge University Press

ISBN: 9781108473323

Category: Law

Page: 480

View: 5692

Should prisoners have voting rights? Should terminally ill patients have a right to assisted suicide? Should same-sex couples have a right to marry and adopt? The book examines how such questions can be resolved within the framework of the European Convention of Human Rights. 'European consensus' is a tool of interpretation used by the European Court of Human Rights as a means to identify evolution in the laws and practices of national legal systems when addressing morally sensitive or politically controversial human rights questions. If European consensus exists, the Court can establish new human rights standards that will be binding across European states. The chapters of the book are structured around three themes: a) conceptualisation of European consensus, its modus operandi and its effects; b) critical evaluation of its legitimacy and of its outputs; c) comparison with similar methods of judicial interpretation in other legal systems.
Social Science

Белая кніга па міжкультурнаму дыялогу

"Жыць разам у роўнай годнасці."

Author: Conseil de l'Europe

Publisher: Council of Europe

ISBN: 9789287166968

Category: Social Science

Page: 100

View: 9523

Managing Europe's increasing cultural diversity - rooted in the history of our continent and enhanced by globalisation - in a democratic manner has become a priority in recent years. The White Paper on Intercultural Dialogue - "Living together as equals in dignity", responds to an increasing demand to clarify how intercultural dialogue can enhance diversity while sustaining social cohesion. The White Paper that our common future depends on our ability to safeguard and develop human rights, as enshrined in the European Convention on Human Rights, democracy and the rule of law, and to promote mutual understanding and respect. It concludes that the intercultural approach offers a forward-looking model for the management of cultural diversity.
Law

The European Convention on Human Rights and General International Law

Author: Anne van Aaken,Iulia Motoc

Publisher: European Society of Internatio

ISBN: 0198830009

Category: Law

Page: 352

View: 5645

The European Court of Human Rights is one of the main players in interpreting international human rights law where issues of general international law arise. While developing its own jurisprudence for the protection of human rights in the European context, it remains embedded in the developments of general international law. However, because the Court does not always follow general international law closely and develops its own doctrines, which are, in turn, influential for national courts as well as other international courts and tribunals, a feedback loop of influence occurs. This book explores the interaction, including the problems arising in the context of human rights, between the European Convention on Human Rights and general international law. It contributes to ongoing debates on the fragmentation and convergence of international law from the perspective of international judges as well as academics. Some of the chapters suggest reconciling methods and convergence while others stress the danger of fragmentation. The focus is on specific topics which have posed special problems, namely sources, interpretation, jurisdiction, state responsibility and immunity.
Political Science

Political Order in Changing Societies

Author: Samuel P. Huntington

Publisher: Yale University Press

ISBN: 9780300116205

Category: Political Science

Page: 488

View: 3346

This now classic examination of the development of viable political institutions in emerging nations is an enduring contribution to modern political analysis. The foreword by Fukuyama assesses Huntingdon's achievement.
Social Science

Concerted Development of Social Cohesion Indicators

Methodological Guide

Author: N.A

Publisher: Council of Europe

ISBN: 9789287157423

Category: Social Science

Page: 235

View: 7328

This publication contains guidance on developing a methodological framework for social cohesion indicators which can be applied at local, regional, national and European levels, covering the conceptual approach used and its practical application. It sets out the results of the main applications and trials carried out in 2003 and 2004 and how they tie in with devising a framework of action.
History

A People's History of the United States

1492-Present

Author: Howard Zinn

Publisher: Routledge

ISBN: 1317325303

Category: History

Page: 744

View: 413

This is a new edition of the radical social history of America from Columbus to the present. This powerful and controversial study turns orthodox American history upside down to portray the social turmoil behind the "march of progress". Known for its lively, clear prose as well as its scholarly research, A People's History is the only volume to tell America's story from the point of view of - and in the words of - America's women, factory workers, African-Americans, Native Americans, the working poor, and immigrant laborers. As historian Howard Zinn shows, many of America's greatest battles - the fights for fair wage, an eight-hour workday, child-labor laws, health and safety standards, universal suffrage, women's rights, racial equality - were carried out at the grassroots level, against bloody resistance. Covering Christopher Columbus's arrival through the Clinton years A People's History of the United States, which was nominated for the American Book Award in 1981, is an insightful analysis of the most important events in US history.
Political Science

Patterns of Democracy

Government Forms and Performance in Thirty-Six Countries

Author: Arend Lijphart

Publisher: Yale University Press

ISBN: 0300172028

Category: Political Science

Page: 368

View: 9602

In this updated and expanded edition of his classic text, Arend Lijphart offers a broader and deeper analysis of worldwide democratic institutions than ever before. Examining thirty-six democracies during the period from 1945 to 2010, Lijphart arrives at important—and unexpected—conclusions about what type of democracy works best. Praise for the previous edition: "Magnificent. . . . The best-researched book on democracy in the world today."—Malcolm Mackerras, American Review of Politics "I can't think of another scholar as well qualified as Lijphart to write a book of this kind. He has an amazing grasp of the relevant literature, and he's compiled an unmatched collection of data."—Robert A. Dahl, Yale University "This sound comparative research . . . will continue to be a standard in graduate and undergraduate courses in comparative politics."—Choice