The European Court of Human Rights between Law and Politics
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Product details:
- Publisher OUP Oxford
- Date of Publication 5 September 2013
- ISBN 9780199686445
- Binding Paperback
- No. of pages278 pages
- Size 233x156x16 mm
- Weight 442 g
- Language English 0
Categories
Short description:
Leading scholars and practitioners cast new light on the substantial jurisprudence and ongoing political reform of the European Court of Human Rights. The analysis in this edited collection traces the development of the supranational European human rights system and provides original insights into the challenges facing the Court.
MoreLong description:
The European Court of Human Rights between Law and Politics provides a comprehensive analysis of the origins and development of one of the most striking supranational judicial institutions. The book brings together leading scholars and practitioners to cast new light on the substantial jurisprudence and ongoing political reform of the Court. The broad analysis based on historical, legal, and social science perspectives provides fresh insights into the institutional crisis of the Court and the future of the European Convention on Human Rights and Fundamental Freedoms.
The European Court of Human Rights is in many ways an unparalleled success. The Court embarked, during the 1970s, upon the development of a progressive and genuinely European jurisprudence. In the post-Cold War era, it went from being the guarantor of human rights solely in Western Europe to becoming increasingly involved in the transition to democracy and the rule of law in Eastern Europe. Now the protector of the human rights of some 800 million Europeans from 47 different countries, the European system is once again deeply challenged - this time by a massive case load and by the Member States' increased reluctance towards the Court. This book paves the way for a better understanding of the system and hence a better basis for choosing the direction of the next stage of the Court's life.
Every contribution to the book is relevant, illuminating and worthwhile reading.... Its purchase is highly recommended and should be a must for those actually involved in the reform process: at the Court, at the Parliamentary Assembly, at government departments, but also for anyone interested in the work of the Court and its functioning.
Table of Contents:
Introduction: The European Court of Human Rights between Law and Politics
Part I - Politics and Institutionalisation
The Birth of the European Convention on Human Rights-and the European Court of Human Rights
The Protracted Institutionalisation of the Strasbourg Court: From Legal Diplomacy to Integrationist Jurisprudence
Politics, Judicial Behaviour, and Institutional Design
Civil Society and the European Court of Human Rights
The European Court of Human Rights after 50 Years
Part II - Law and Legitimization
The Reform of the Convention System: Institutional Restructuring and the (Geo-)Politics of Human Rights
Constitutional v. International? When Unified Reformatory Rationales Mismatch the Plural Paths of Legitimacy of ECHR Law
Diplomatic Intrusions, Dialogues, and Fragile Equilibria: The European Court as a Constitutional Actor of the European Union
Individual and Constitutional Justice: Can the Power Balance of Adjudication be Reversed?
Rethinking the European Court of Human Rights
Postscript
