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Author: Kanstantsin Dzehtsiarou
Publisher: Cambridge University Press
Published: 2015-04-30
Total Pages: 255
ISBN-13: 1107041031
DOWNLOAD EBOOK →The most comprehensive and critical analysis of the application of European consensus by the European Court of Human Rights.
Author: Panos Kapotas
Publisher: Cambridge University Press
Published: 2019-01-17
Total Pages: 503
ISBN-13: 1108473326
DOWNLOAD EBOOK →Presents a critical evaluation of a controversial interpretative tool the ECtHR uses to answer morally/politically sensitive human rights questions.
Author: Spyridon Flogaitis
Publisher: Edward Elgar Publishing
Published: 2013-01-01
Total Pages: 241
ISBN-13: 178254612X
DOWNLOAD EBOOK →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: Jens T. Theilen
Publisher: Nomos Verlagsgesellschaft
Published: 2021
Total Pages: 0
ISBN-13: 9783848780914
DOWNLOAD EBOOK →This study offers a critical account of the reasoning employed by the European Court of Human Rights, particularly its references to European consensus. Based on an in-depth analysis of the Court's case-law against the backdrop of human rights theory, it will be of interest to both practitioners and theorists. While European consensus is often understood as providing an objective benchmark within the Court's reasoning, this study argues to the contrary that it forms part of the very structures of argument that render human rights law indeterminate. It suggests that foregrounding consensus and the Court's legitimacy serves to entrench the status quo and puts forward novel ways of approaching human rights to enable social transformation.
Author: Panos Kapotas
Publisher: Cambridge University Press
Published: 2019-01-17
Total Pages: 503
ISBN-13: 1108581919
DOWNLOAD EBOOK →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.
Author: Fiona de Londras
Publisher: Bloomsbury Publishing
Published: 2018-03-16
Total Pages: 316
ISBN-13: 1509958657
DOWNLOAD EBOOK →This engaging textbook provides a critical analysis of the legitimacy and effectiveness of the European Convention on Human Rights and its practical operation. In a succinct way, the book investigates questions around the legitimacy of how the European Court of Human Rights develops its law, the obligations of states to comply with its judgments, the adequacy of the Convention in securing basic goods, and the effectiveness of the system in protecting rights 'in the real world'. It assesses some under-explored areas of the Convention that are often overlooked. Presenting a number of debates about the legitimacy and effectiveness of the system in a provocative and critical style, this book encourages debate, discussion, and self-reflection on how, when and why the Convention protects human rights in Europe. An ideal text for Law students at English and Welsh universities and higher education institutions taking a module in The European Convention on Human Rights (LLB or LLM level), and for GDL/CPE students and those taking the postgraduate LPC training course.
Author: Rory O'Connell
Publisher: Cambridge University Press
Published: 2020-11-05
Total Pages: 321
ISBN-13: 1107035074
DOWNLOAD EBOOK →Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.
Author: Daniel Peat
Publisher: Cambridge University Press
Published: 2019-06-13
Total Pages: 293
ISBN-13: 1108415474
DOWNLOAD EBOOK →This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
Author: Andreas Føllesdal
Publisher:
Published: 2013
Total Pages: 441
ISBN-13: 9781107065154
DOWNLOAD EBOOK →An assessment of the European Court of Human Rights at the national, European and international levels.
Author: Angelika Nussberger
Publisher: Elements of International Law
Published: 2020
Total Pages: 257
ISBN-13: 0198849648
DOWNLOAD EBOOK →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.
