The ECHR and Human Rights Theory
The ECHR and Human Rights Theory

Author: Alain Zysset

Publisher: Routledge

Published: 2016-10-04

Total Pages: 454

ISBN-13: 1317248120

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The European Convention of Human Rights (ECHR) has been relatively neglected in the field of normative human rights theory. This book aims to bridge the gap between human rights theory and the practice of the ECHR. In order to do so, it tests the two overarching approaches in human rights theory literature: the ethical and the political, against the practice of the ECHR ‘system’. The book also addresses the history of the ECHR and the European Court of Human Rights (ECtHR) as an international legal and political institution. The book offers a democratic defence of the authority of the ECtHR. It illustrates how a conception of democracy – more specifically, the egalitarian argument for democracy developed by Thomas Christiano on the domestic level – can illuminate the reasoning of the Court, including the allocation of the margin of appreciation on a significant number of issues. Alain Zysset argues that the justification of the authority of the ECtHR – its prominent status in the domestic legal orders – reinforces the democratic process within States Parties, thereby consolidating our status as political equals in those legal and political orders.

A Theory of Interpretation of the European Convention on Human Rights
A Theory of Interpretation of the European Convention on Human Rights

Author: George Letsas

Publisher: Oxford University Press

Published: 2007-12-13

Total Pages: 172

ISBN-13:

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This study of the European Convention on Human Rights aims at propounding an evaluative theory of interpretation for the Convention, and seeks to locate interpretive values within the history of the ECHR by surveying and analysing relevant judgements of the European Court of Human Rights.

The European Convention on Human Rights
The European Convention on Human Rights

Author: William A. Schabas

Publisher: Oxford University Press

Published: 2015-09-24

Total Pages: 1433

ISBN-13: 0191066761

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The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.

The European Court of Human Rights
The European Court of Human Rights

Author: Angelika Nussberger

Publisher: Elements of International Law

Published: 2020

Total Pages: 257

ISBN-13: 0198849648

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Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.

Theory and Practice of the European Convention on Human Rights
Theory and Practice of the European Convention on Human Rights

Author: Stephanie Schiedermair

Publisher:

Published: 2022-01-14

Total Pages: 310

ISBN-13: 9783848779666

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This edited book brings you a collection of current, critical issues regarding the theory and practice of the European Court of Human Rights. The book is divided into three parts: procedural concerns, principles and jurisprudence, and interaction with national legal systems. Each chapter was written by an expert, with each author coming from a distinct background. The authors all presented at the 2019 University of Leipzigs & University of Dresdens 1st International Summer School on the European Court of Human Rights, with only select presenters asked to contribute to this book. The books goal is to promote further research and discourse on the operation of the Court, a goal that will be continued in the second summer school in 2021.

Introduction to the European Convention on Human Rights
Introduction to the European Convention on Human Rights

Author: Jean-François Renucci

Publisher: Council of Europe

Published: 2005-01-01

Total Pages: 132

ISBN-13: 9789287157157

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The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.

The Evolution of the European Convention on Human Rights
The Evolution of the European Convention on Human Rights

Author: Ed Bates

Publisher: Oxford University Press

Published: 2010-12-23

Total Pages: 609

ISBN-13: 0199207992

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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.

Coercive Human Rights
Coercive Human Rights

Author: Laurens Lavrysen

Publisher: Bloomsbury Publishing

Published: 2020-11-12

Total Pages: 465

ISBN-13: 1509937889

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Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR). The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the ECtHR on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR's coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.

Human Rights in the Private Sphere
Human Rights in the Private Sphere

Author: Andrew Clapham

Publisher: Oxford University Press on Demand

Published: 1996

Total Pages: 385

ISBN-13: 9780198764311

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This book challenges several traditional assumptions concerning human rights. In particular it challenges the presumption that the fundamental rights and freedoms contained in the European Convention on Human Rights are irrelevant for cases which concern the sphere of relations betweenindividuals. It asks whether victims should be protected from non-state actors, and attempts to develop a coherent approach to `human rights in the private sphere'. This study concentrates on the rights contained in the European Convention on Human Rights, and their enforcement in the courts ofthe United Kingdom and at the European level; at the European Commission and Court of Human Rights in Strasbourg, and at the European Court of Justice in Luxembourg. In addition, some constitutional cases are examined from the United States and Canadian legal orders. The application ofinternational human rights law to the private sphere has implications for the worlds of labour relations, race relations, discrimination and violence against women, and for victims of indignities everywhere. This study shows that respect for privacy need not mean excluding wrongs in the privatesphere from the world of human rights.