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Author: Alain Zysset Publisher: Routledge ISBN: 1317248120 Category : Law Languages : en Pages : 253
Book Description
The European Convention of Human Rights (ECHR) has been relatively neglected in the field of normative human rights theory. This book aims to bridge the gap between human rights theory and the practice of the ECHR. In order to do so, it tests the two overarching approaches in human rights theory literature: the ethical and the political, against the practice of the ECHR ‘system’. The book also addresses the history of the ECHR and the European Court of Human Rights (ECtHR) as an international legal and political institution. The book offers a democratic defence of the authority of the ECtHR. It illustrates how a conception of democracy – more specifically, the egalitarian argument for democracy developed by Thomas Christiano on the domestic level – can illuminate the reasoning of the Court, including the allocation of the margin of appreciation on a significant number of issues. Alain Zysset argues that the justification of the authority of the ECtHR – its prominent status in the domestic legal orders – reinforces the democratic process within States Parties, thereby consolidating our status as political equals in those legal and political orders.
Author: Alain Zysset Publisher: Routledge ISBN: 1317248120 Category : Law Languages : en Pages : 253
Book Description
The European Convention of Human Rights (ECHR) has been relatively neglected in the field of normative human rights theory. This book aims to bridge the gap between human rights theory and the practice of the ECHR. In order to do so, it tests the two overarching approaches in human rights theory literature: the ethical and the political, against the practice of the ECHR ‘system’. The book also addresses the history of the ECHR and the European Court of Human Rights (ECtHR) as an international legal and political institution. The book offers a democratic defence of the authority of the ECtHR. It illustrates how a conception of democracy – more specifically, the egalitarian argument for democracy developed by Thomas Christiano on the domestic level – can illuminate the reasoning of the Court, including the allocation of the margin of appreciation on a significant number of issues. Alain Zysset argues that the justification of the authority of the ECtHR – its prominent status in the domestic legal orders – reinforces the democratic process within States Parties, thereby consolidating our status as political equals in those legal and political orders.
Author: Pieter Dijk Publisher: Springer ISBN: Category : Law Languages : en Pages : 684
Book Description
Kluwer Law International is happy to announce the third edition of Van Dijk & Van Hoof's classic work: Theory & Practice of the European Convention on Human Rights. The developments which have taken place under the Convention since the second edition was published have been numerous & comprehensive, & the Convention has gained a central position in the legal systems of many European countries. Three Protocols have been added to the Convention; the number of Parties to the Convention has grown from twenty-two to no less than thirty-six; & the case-law concerning the Convention has increased significantly. Like its predecessors, this third edition offers a full description of the present procedural practice & case-law of both the European Commission & the European Court of Human Rights, & is an indispensable guide. Protocol No. 11 to the Convention, which will enter into force by the end of 1998, will drastically change the supervisory system under the Convention, establishing one Court. This new Court will also perform the present functions of the Commission & it is expected that it will be guided by the Commission's procedures & working methods, & by its case-law concerning admissibility. This new edition will therefore remain relevant for the practice & case-law of the new Court for many years to come.
Author: Jean-François Renucci Publisher: Council of Europe ISBN: 9789287157157 Category : Law Languages : en Pages : 132
Book Description
The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.
Author: George Letsas Publisher: Oxford University Press, USA ISBN: Category : Law Languages : en Pages : 176
Book Description
This study of the European Convention on Human Rights aims at propounding an evaluative theory of interpretation for the Convention, and seeks to locate interpretive values within the history of the ECHR by surveying and analysing relevant judgements of the European Court of Human Rights.
Author: Alain Zysset Publisher: Taylor & Francis ISBN: 1317248139 Category : Law Languages : en Pages : 253
Book Description
The European Convention of Human Rights (ECHR) has been relatively neglected in the field of normative human rights theory. This book aims to bridge the gap between human rights theory and the practice of the ECHR. In order to do so, it tests the two overarching approaches in human rights theory literature: the ethical and the political, against the practice of the ECHR ‘system’. The book also addresses the history of the ECHR and the European Court of Human Rights (ECtHR) as an international legal and political institution. The book offers a democratic defence of the authority of the ECtHR. It illustrates how a conception of democracy – more specifically, the egalitarian argument for democracy developed by Thomas Christiano on the domestic level – can illuminate the reasoning of the Court, including the allocation of the margin of appreciation on a significant number of issues. Alain Zysset argues that the justification of the authority of the ECtHR – its prominent status in the domestic legal orders – reinforces the democratic process within States Parties, thereby consolidating our status as political equals in those legal and political orders.
Author: Andrew Clapham Publisher: Oxford University Press on Demand ISBN: 9780198764311 Category : Political Science Languages : en Pages : 385
Book Description
This book challenges several traditional assumptions concerning human rights. In particular it challenges the presumption that the fundamental rights and freedoms contained in the European Convention on Human Rights are irrelevant for cases which concern the sphere of relations betweenindividuals. It asks whether victims should be protected from non-state actors, and attempts to develop a coherent approach to `human rights in the private sphere'. This study concentrates on the rights contained in the European Convention on Human Rights, and their enforcement in the courts ofthe United Kingdom and at the European level; at the European Commission and Court of Human Rights in Strasbourg, and at the European Court of Justice in Luxembourg. In addition, some constitutional cases are examined from the United States and Canadian legal orders. The application ofinternational human rights law to the private sphere has implications for the worlds of labour relations, race relations, discrimination and violence against women, and for victims of indignities everywhere. This study shows that respect for privacy need not mean excluding wrongs in the privatesphere from the world of human rights.
Author: Stephanie Schiedermair Publisher: Nomos/Hart ISBN: 1509945970 Category : Law Languages : en Pages : 0
Book Description
This collection explores current, critical issues regarding human rights theory and practice at the European Court of Human Rights with chapters on procedural concerns, principles and jurisprudence, and interaction with national legal systems.
Author: Pieter van Dijk Publisher: Martinus Nijhoff Publishers ISBN: 9789041105981 Category : Political Science Languages : en Pages : 884
Book Description
This is the third edition of Van Dijk and Van Hoof's classic work: "Theory and Practice of the European Convention. The developments which have taken place under the Convention since the second edition was published have been numerous and comprehensive, and the Convention has gained a central position in the legal systems of many European countries. Three Protocols have been added to the Convention; the number of Parties to the Convention has grown from twenty-two to no less than thirty-six; and the case-law concerning the Convention has increased significantly. Like its predecessors, this third edition offers a full description of the present procedural practice and case-law of both the European Commission and the European Court of Human Rights, and is an indispensable guide. Protocol No. 11 to the Convention, which will enter into force by the end of 1998, will drastically change the supervisory system under the Convention, establishing one Court. This new Court will also perform the present functions of the Commission's procedures and working methods, and by its case-law concerning admissibility. This new edition will therefore remain relevant for the practice and case-law of the new Court for many years to come.
Author: Angelika Nussberger Publisher: Elements of International Law ISBN: 0198849648 Category : Law Languages : en Pages : 257
Book Description
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: Alain Zysset
Author: Alain Zysset
Author: Pieter Dijk
Author: Jean-François Renucci
Author: George Letsas
Author: Alain Zysset
Author: Andrew Clapham
Author: J. G. Merrills
Author: Stephanie Schiedermair
Author: Pieter van Dijk
Author: Angelika Nussberger