The Evolution of the European Convention on Human Rights
From Its Inception to the Creation of a Permanent Court of Human Rights
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Product details:
- Publisher OUP Oxford
- Date of Publication 23 December 2010
- ISBN 9780199207992
- Binding Hardback
- No. of pages610 pages
- Size 241x157x40 mm
- Weight 1051 g
- Language English 0
Categories
Short description:
The European Convention on Human Rights is probably the most effective system of international human rights control created. This book examines the story of the evolution of the Convention over its first 50 years. It explains how the Convention system grew up and how it came to exert such an important influence on the States which subscribe to it.
MoreLong description:
The European Convention on Human Rights underwent a spectacular evolution over the first fifty years of its life. In recent times the European Court of Human Rights has been compared to a quasi-constitutional court for Europe in the field of human rights, and for some time the Convention has been viewed as a European Bill of Rights. The 'coming of age' of the ECHR system in the late 1990s was marked by the entry into force of Protocol 11, creating a new, full time Court.
By contrast those who first proposed a European human rights guarantee were driven by an ambition to put in place a collective pact to prevent the re-emergence of totalitarianism in 'free' Europe. They were motivated by grisly memories of human rights abuse associated with World War Two, and the protection of 'human rights' was seen in that light. When the Convention was opened for signature in 1950 it was viewed by many with scepticism and disappointment. The Convention system took many years to get established. In the mid-1960s doubts were expressed as to whether the Court had a future and in the 1970s the Convention system of control faced a number of serious challenges.
This book examines the story of the evolution of the Convention over its first 50 years (1948-1998). It reflects on the Convention's origins and charts the slow progress that it made over the 1950s and 1960s, before, in the late 1970s, the European Court of Human Rights delivered a series of landmark judgments which proved to be the foundation stones for the European Bill of Rights that we know today.
Bates has written a lucid, readable book on the development of the European Court of Human Rights, from the kernel of the Convention, written in 1948 as an safeguard against totalitarianism, to its development as a European Bill of Rights, with the court as a constitutional court for Europe delivering landmark jurisprudence at significant points in its development.
Table of Contents:
Table of Cases
Tables of Legislation, Treaties, and Conventions
Abbreviations
The Evolution of the European Convention on Human Rights and Fundamental Freedoms
I. THE CONVENTION'S BIRTH
The Beginning of Modern International Human Rights Law (Background to the Birth of the European Convention)
Proposals for a Convention to Safeguard Europe from Tyranny and Oppression?
The Drafting of the Convention by the Governments of the Council of Europe (February - November 1950)
The Convention of 1950 and Key Features of its Subsequent Evolution
II. FROM A SAFEGUARD AGAINST TOTALITARIANISM TO A FLEDGLING EUROPEAN BILL OF RIGHTS
An Overview of the Conventions Evolution from the 1950s to the Early 1970s
The Conventions Evolution 1973 - 1976: The Awakening of the 'Sleeping Beauty'
The Strasbourg Court 'Comes of Age'(The Judgements of the Late 1970s)
Reflecting on the Conventions Evolution (From a Safeguard against Totalitarianism to Europes Bill of Rights)
III. COMPLETING THE EUROPEAN BILL OF RIGHTS
The Evolution of the Convention System through to 1990
The Conventions 'Coming of Age'(The 1990s and Protocol 11)
IV.'AFTER 1998'
After 1998: The Challenges Facing the 'New' European Court of Human Rights
Appendices
Bibliography
Index
