european consensus and the legitimacy of the european court of human rights

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European Consensus And The Legitimacy Of The European Court Of Human Rights

Author : Kanstantsin Dzehtsiarou
ISBN : 9781107041035
Genre : Law
File Size : 36. 41 MB
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The most comprehensive and critical analysis of the application of European consensus by the European Court of Human Rights.

Building Consensus On European Consensus

Author : Panos Kapotas
ISBN : 9781108473323
Genre : Law
File Size : 52. 76 MB
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Presents a critical evaluation of a controversial interpretative tool the ECtHR uses to answer morally/politically sensitive human rights questions.

Great Debates On The European Convention On Human Rights

Author : Fiona de Londras and Kanstantsin Dzehtsiarou
ISBN : 9781137607331
Genre : Law
File Size : 74. 2 MB
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The European Court Of Human Rights And Its Discontents

Author : Spyridon Flogaitis
ISBN : 9781782546122
Genre : Political Science
File Size : 81. 31 MB
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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.

La Procr Ation M Dicalement Assist E

Author : Law Reform Commission of Canada
ISBN : UOM:39015025221576
Genre : Law
File Size : 70. 3 MB
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This report examines the appropriateness of state intervention to limit access to medically assisted procreation technologies or to control the use of such technologies; the p̀roblematic' medical aspects of the technologies and the ability of existing social and professional controls to provide adequate public protection (physical and psychological risks, selection, screening and storage standards, success rates, record keeping, and access to medical and genetic information); the need to review, and where necessary, adapt the law to the specific problems connected with the donation and deposit of gametes and embryos (ownership of genetic material and donor liability), and the filiation of the children involved; and the legal aspects of surrogate motherhood and the commercialization of procreation in general (sale of gametes and payments to surrogates).

A Theory Of Interpretation Of The European Convention On Human Rights

Author : George Letsas
ISBN : 0199203431
Genre : Law
File Size : 63. 13 MB
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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.

Courts And Consociations

Author : Christopher McCrudden
ISBN : 9780191665387
Genre : Law
File Size : 75. 68 MB
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Consociations are power-sharing arrangements, increasingly used to manage ethno-nationalist, ethno-linguistic, and ethno-religious conflicts. Current examples include Belgium, Bosnia, Northern Ireland, Burundi, and Iraq. Despite their growing popularity, they have begun to be challenged before human rights courts as being incompatible with human rights norms, particularly equality and non-discrimination. Courts and Consociations examines the use of power-sharing agreements, their legitimacy, and their compatibility with human rights law. Key questions include to what extent, if any, consociations conflict with the liberal individualist preferences of international human rights institutions, and to what extent consociational power-sharing may be justified to preserve peace and the integrity of political settlements. In three critical cases, the European Court of Human Rights has considered equality challenges to important consociational practices, twice in Belgium and then in Sejdic and Finci v Bosnia regarding the constitution established for Bosnia Herzegovina under the Dayton Agreement. The Court's decision in Sejdic and Finci has significantly altered the approach it previously took to judicial review of consociational arrangements in Belgium. This book accounts for this change and assess its implications. The problematic aspects of the current state of law are demonstrated. Future negotiators in places riven by potential or actual bloody ethnic conflicts may now have less flexibility in reaching a workable settlement, which may unintentionally contribute to sustaining such conflicts and make it more likely that negotiators will consider excluding regional and international courts from reviewing these political settlements. Providing a clear, accessible introduction to both the political use of power-sharing settlements and the human rights law on the issue, this book is an invaluable guide to all academics, students, and professionals engaged with transitional justice, peace agreements, and contemporary human rights law.

Annuaire De La Convention Europ Enne Des Droits De L Homme

Author :
ISBN : UCSD:31822041726878
Genre : Civil rights
File Size : 35. 46 MB
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Federalism And Subsidiarity

Author : James E. Fleming
ISBN : 9781479875559
Genre : Law
File Size : 83. 62 MB
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In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to “remap” federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.

Human Rights Law In Europe

Author : Kanstantsin Dzehtsiarou
ISBN : 9781135971939
Genre : Law
File Size : 54. 16 MB
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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.

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