the uk and european human rights a strained relationship

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The Uk And European Human Rights

Author : Katja S Ziegler
ISBN : 9781509901999
Genre : Law
File Size : 61. 87 MB
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The UK's engagement with the legal protection of human rights at a European level has been, at varying stages, pioneering, sceptical and antagonistic. The UK government, media and public opinion have all at times expressed concerns about the growing influence of European human rights law, particularly in the controversial contexts of prisoner voting and deportation of suspected terrorists as well as in the context of British military action abroad. British politicians and judges have also, however, played important roles in drafting, implementing and interpreting the European Convention on Human Rights. Its incorporation into domestic law in the Human Rights Act 1998 intensified the ongoing debate about the UK's international and regional human rights commitments. Furthermore, the increasing importance of the European Union in the human rights sphere has added another layer to the relationship and highlights the complex relationship(s) between the UK government, the Westminster Parliament and judges in the UK, Strasbourg and Luxembourg. The book analyses the topical and contentious issue of the relationship between the UK and the European systems for the protection of human rights (ECHR and EU) from doctrinal, contextual and comparative perspectives and explores factors that influence the relationship of the UK and European human rights.

The Uk And European Human Rights

Author : Katja S Ziegler
ISBN : 9781509902002
Genre : Law
File Size : 78. 2 MB
Format : PDF
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The UK's engagement with the legal protection of human rights at a European level has been, at varying stages, pioneering, sceptical and antagonistic. The UK government, media and public opinion have all at times expressed concerns about the growing influence of European human rights law, particularly in the controversial contexts of prisoner voting and deportation of suspected terrorists as well as in the context of British military action abroad. British politicians and judges have also, however, played important roles in drafting, implementing and interpreting the European Convention on Human Rights. Its incorporation into domestic law in the Human Rights Act 1998 intensified the ongoing debate about the UK's international and regional human rights commitments. Furthermore, the increasing importance of the European Union in the human rights sphere has added another layer to the relationship and highlights the complex relationship(s) between the UK government, the Westminster Parliament and judges in the UK, Strasbourg and Luxembourg. The book analyses the topical and contentious issue of the relationship between the UK and the European systems for the protection of human rights (ECHR and EU) from doctrinal, contextual and comparative perspectives and explores factors that influence the relationship of the UK and European human rights.

Current Problems In The Protection Of Human Rights

Author : Katja S Ziegler
ISBN : 9781782250890
Genre : Law
File Size : 87. 33 MB
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While the legal systems of the United Kingdom and Germany differ in essential respects, the current process of 'constitutionalisation' is well recognised on both sides of the Channel. 'Constitutionalisation' manifests itself in the evolution of a constitution and the influence of existing constitutional principles on the ordinary law. Human rights law provides one of the best examples of this process, and the aim of this book is to provide a comparative UK-German perspective on recent developments. First, it addresses human rights questions which arise in both jurisdictions in a similar way such as the tension between liberty and security, absolute rights such as human dignity and the prohibition of torture, and the question how conflicts between human rights are to be resolved and conceptualised. A second theme considers the impact of human rights on different areas of law, in particular administrative law, criminal law, labour law and private law generally. Finally, a third theme focuses on the intersection of national, supra- and international human rights law, in particular after the entry into force of the EU Charter on Fundamental Rights. The book thus reveals convergent and divergent answers to similar problems, examines differences in the impact of human rights on the legal systems under consideration, and traces parallel and distinct debates over and sensitivities about, human rights as well as sensitivities that arise in multi-layer situations in the UK and Germany.

Asylum And The European Convention On Human Rights

Author : Nuala Mole
ISBN : 9287168199
Genre : Business & Economics
File Size : 66. 24 MB
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Political upheavals, economic reforms, social instability and civil war have all been factors contributing to changes in the mixed flows of migrants both to and within Europe. Many of those in need of international protection are forced to seek it in Europe and the new member states of the enlarged Council of Europe are now also experiencing the arrival of asylum seekers. This revised edition considers the substantial body of case law of the European Court of Human Rights which has examined the compatibility of the Convention with measures taken by states in relation to all aspects of the asylum process. It also observes the role of subsidiary protection offered by the Strasbourg organs in protecting those at risk of prohibited treatment. In addition, the study considers the increasingly relevant provisions of EU law developments in the field, as well as measures taken in the context of terrorist threats – both of which have had a significant impact on the practical circumstances and law on refugees and asylum seekers. --back cover.

The Conservative Human Rights Revolution

Author : Marco Duranti
ISBN : 9780199811380
Genre :
File Size : 54. 13 MB
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The Conservative Human Rights Revolution radically reinterprets the origins of the European human rights system, arguing that its conservative inventors envisioned the European Convention on Human Rights (ECHR) not only as an instrument to contain communism and fascism in continental Europe,but to allow them to pursue a controversial political agenda at home and abroad. Just as the Supreme Court of the United States had sought to overturn Franklin Roosevelt's New Deal, a European Court on Human Rights was meant to constrain the ability of democratically elected governments to implementleft-wing policies that conservatives believed violated their basic liberties. Conservatives expected that a European judiciary would halt the expansion of bureaucratic authority over Britain's economy, safeguard the autonomy of Catholic institutions in France, and ensure respect for the fundamental freedoms of individuals charged with political crimes at the end of the SecondWorld War. Human rights were also evoked in the hopes of reviving a nostalgic Christian vision of European identity long associated with Romanticism. All told, these efforts served as a basis for the reconciliation between Germany and the rest of Europe, while justifying the exclusion of communistsand colonized peoples from the ambit of European human rights law. Marco Duranti illuminates the history of internationalism and international law--from the peace conferences and world's fairs of the early twentieth century to the grand pan-European congresses of the postwar period--and elucidates Winston Churchill's Europeanism, as well as his criticalcontribution to the genesis of the ECHR. Drawing on previously unpublished material from twenty archives in six countries,The Conservative Human Rights Revolution revisits the ethical foundations of European integration after WWII and offers a new perspective on the crisis in which the EuropeanUnion finds itself today.

Jacobs White And Ovey The European Convention On Human Rights

Author : Bernadette Rainey
ISBN : 9780198767749
Genre : Law
File Size : 78. 27 MB
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The seventh edition of Jacobs, White & Ovey: The European Convention on Human Rights is a clear and concise companion to this increasingly important and extensive area of the law. The authors examine each of the Convention rights in turn, explore the pivotal cases in each area and examine the principles that underpin the Court's decisions. The focus on the European Convention itself, rather than its implementation in any one member state, makes this book essential reading for all students looking for a concise yet authoritative overview of the work of the Strasbourg Court. Online Resource Centre The text is accompanied by an Online Resource Centre that features updates on cases and legislation since publication as well as links to useful websites and further reading on the European Convention.

Indigenous Peoples Customary Law And Human Rights Why Living Law Matters

Author : Brendan Tobin
ISBN : 9781317697534
Genre : Law
File Size : 68. 29 MB
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This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.

The International Human Rights Judiciary And National Parliaments

Author : Matthew Saul
ISBN : 9781316878460
Genre : Political Science
File Size : 30. 9 MB
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The emerging international human rights judiciary (IHRJ) threatens national democratic processes and 'hollows out' the scope of domestic and democratic decision-making, some argue. This new analysis confronts this head on by examining the interplay between national parliaments and the IHRJ, proposing that it advances parliament's efforts. Taking Europe and the European Court of Human Rights as its focus - drawing on theory, doctrine and practice - the authors answer a series of key questions. What role should parliaments play in realising human rights? Which factors influence the effects of the IHRJ on national parliaments' efforts? How can the IHRJ adjust its influence on parliamentary process? And what triggers the backlash against the IHRJ from parliaments and when? Here, the authors lay foundations for better informed scholarship and legal practice in the future, as well as a better understanding of how to improve the effectiveness and validity of the IHRJ.

Cousins And Strangers

Author : Chris Patten
ISBN : 9781466860544
Genre : History
File Size : 43. 47 MB
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A frank and controversial assessment of the United States, Great Britain, and Europe, and the stakes for all three if the West breaks apart Despite the efforts of President Woodrow Wilson, America washed its hands of Europe after the First World War. After the Second World War, it stayed involved, helping to preserve freedom in half of Europe, and creating an infrastructure of global governance that gave the world a remarkable half century of (for the most part) peace and prosperity. In Cousins and Strangers, Chris Patten, one of Europe's most distinguished statesmen, scrutinizes the final years of the twentieth century and how the fall of the Berlin Wall in 1989 fundamentally changed the nature of this Western alliance. Today, the threat of terrorism, economic competition from Asia, and a seemingly unbridgeable cultural divide have strained the alliance to a moment of reckoning. Patten argues that America's status as the only superpower must be reined in, but he also warns Europe against too ardently challenging U.S. leadership. He questions whether Britain needs to choose between bolstering its "special relationship" with the United States and forging a greater role in a united Europe. Drawing on more than three decades of experience in government and international diplomacy, Patten brilliantly investigates the three-way relationship among Britain, Europe, and America and how all three must adapt to cope with the economic and political challenges of the twenty-first century.

The Future Of Human Rights In The Uk

Author : Claire-Michelle Smyth
ISBN : 9781527505148
Genre : Political Science
File Size : 66. 32 MB
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In November 2016 the University of Brighton hosted a one day conference entitled “The Future of Human Rights in the UK”. Legal academics and practitioners from across the UK and Ireland attended to discuss the various topical issues that arise under the title of the conference. Papers were presented on terrorism and counter-terrorism, the role of the European Court of Human Rights, surrogacy and parental rights, union rights, social and economic rights and Brexit; to name but a few. This edited collection comprises a selection of the papers presented. It is a thought-provoking collection designed to make the reader ask themselves: what does the future of human rights in the UK look like?

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