Fundamental Rights in Europe
Series: Oxford Studies in European Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 13 February 2014
- ISBN 9780198702047
- Binding Hardback
- No. of pages340 pages
- Size 240x162x29 mm
- Weight 668 g
- Language English 0
Categories
Short description:
This book examines the European system for the protection of fundamental rights. The aim is to identify the constitutional dynamics that occur as a result of the interaction between state and transnational human rights standards. Fabbrini compares the European system with the US federal system based on four case studies.
MoreLong description:
The European architecture for the protection of fundamental rights combines the legal regimes of the states, the European Union, and the European Convention on Human Rights. The purpose of this book is to analyse the constitutional implications of this multilevel architecture and to examine the dynamics that spring from the interaction between different human rights standards in Europe.
The book adopts a comparative approach, and through a comparison with the federal system of the United States, it advances an analytical model that systematically explains the dynamics at play in the European multilevel human rights architecture. It identifies two recurrent challenges in the interplay between different state and transnational human rights standards-a challenge of ineffectiveness, when transnational law operates as a ceiling of protection for a specific human right, and a challenge of inconsistency when transnational law operates as a floor-and considers the most recent transformations taking place in the European human rights regime.
The book tests the model of challenges and transformations by examining in depth four case studies: the right to due process for suspected terrorists, the right to vote for non-citizens, the right to strike and the right to abortion. In light of these examples, the book then concludes by reassessing the main theories on the protection of fundamental rights in Europe and making the case for a new vision-a 'neo-federal' theory-which is able to frame the dilemmas of identity, equality and supremacy behind the European multilevel architecture for the protection of human rights.
Fabbrinis study sheds valuable light on the dynamics that shape the interactions among multiple levels of human rights protection in Europe, and on the consequences for rights protection that tend to ensue.
Table of Contents:
Introduction
Of Floors, Ceilings, and Human Rights: The European Fundamental Rights Architecture in Comparative Perspective
The Right to Due Process for Suspected Terrorists
The Right to Vote for Non-Citizens
The Right to Strike
The Right to Abortion
The Protection of Fundamental Rights in Europe: Towards a "Neo-Federal" Theory
Conclusion
