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Exporting the European Convention on Human Rights

Author : Maria-Louiza Deftou
Publisher : Bloomsbury Publishing
Page : 327 pages
File Size : 30,44 MB
Release : 2022-10-20
Category : Law
ISBN : 1509952446

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This book explores how the European Convention on Human Rights operates and influences on the global stage. The ECHR and its interpretation by the European Court of Human Rights (ECtHR) considerably echo in and outside Europe. To what degree has that influence translated into its norms, doctrines and methods of interpretation being exported into equivalent systems which also enact the protection of fundamental rights? This book answers that question by exploring the judicial dialogue of the ECHR system with comparable legal orders. Through a horizontal and multifaceted study of regional and global systems, the book identifies the impact of the ECHR within the confines of their jurisprudence to provide scholars in the field of international human rights law with an essential text. Discussing the extent to which the ECHR penetrates into the judicial production of the most affected legal systems, the book mostly focuses on the case law of the Court of Justice of the European Union, the Inter-American Court of Human Rights and the UN Human Rights Committee. It also investigates whether there is room for cross-fertilisation between them and finally, moves on to explore the legal consequences of the interplay of these mechanisms with the ECtHR and what it means for the overall functioning of international human rights law.

Can the European Court of Human Rights Shape European Public Order?

Author : Kanstantsin Dzehtsiarou
Publisher : Cambridge University Press
Page : 251 pages
File Size : 25,9 MB
Release : 2021-12-02
Category : Law
ISBN : 1108752349

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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.

The European Convention on Human Rights

Author : Steven Greer
Publisher : Cambridge University Press
Page : 33 pages
File Size : 38,66 MB
Release : 2006-11-30
Category : Law
ISBN : 1139461966

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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.

Building Consensus on European Consensus

Author : Panos Kapotas
Publisher : Cambridge University Press
Page : 503 pages
File Size : 29,98 MB
Release : 2019-01-17
Category : Law
ISBN : 1108473326

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Presents a critical evaluation of a controversial interpretative tool the ECtHR uses to answer morally/politically sensitive human rights questions.

Law, Democracy and the European Court of Human Rights

Author : Rory O'Connell
Publisher : Cambridge University Press
Page : 321 pages
File Size : 37,58 MB
Release : 2020-11-05
Category : Law
ISBN : 1107035074

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Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.

The European Convention on Human Rights – Principles and Law

Author : Carla M. Buckley
Publisher : Council of Europe
Page : 408 pages
File Size : 18,65 MB
Release : 2022-11-23
Category : Political Science
ISBN : 9287191913

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An indispensable guide for university students, government officials and legal practitioners alike. The European Convention on Human Rights – Principles and law is the essential handbook for university students, government officials, lawyers and human rights advocates seeking a comprehensive and concise account of the case law generated under the European Convention on Human Rights. Written by experts on the Convention, it: • cites nearly 1 500 cases, providing links to each case in the HUDOC database; • identifies key challenges and current legal developments; • provides suggestions for further reading on contentious issues; • is a companion text to Council of Europe’s book The individual application under the European Convention on Human Rights – Procedural guide by Linos-Alexandre Sicilianos and Maria-Andriani Kostopoulou.

Short Guide to the European Convention on Human Rights

Author : Donna Gomien
Publisher : Council of Europe
Page : 184 pages
File Size : 16,18 MB
Release : 2005-01-01
Category : Political Science
ISBN : 9287156700

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This third edition of the Short Guide, which covers developments to the end of 2003, provides a concise overview of the basic rights guaranteed by the Council of Europe's Convention on Human Rights, and the case-law relating to these rights. The publication also details the procedures followed by the European Court of Human Rights when handling applications under the Convention, and the role of the Committee of Ministers as a supervisory organ in giving force to the judgments of the Court.