THE EUROPEAN CONVENTION ON HUMAN RIGHTS ACHIEVEMENTS PROBLEMS AND PROSPECTS CAMBRIDGE STUDIES IN EUROPEAN LAW AND POLICY

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The European Convention On Human Rights

Author : Steven Greer
ISBN : 9781139461962
Genre : Law
File Size : 69.9 MB
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This book critically appraises the European Convention on Human Rights as it faces some daunting challenges. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War, and that these are now to articulate an 'abstract constitutional model' for the entire continent, and to promote convergence in the operation of public institutions at every level of governance. The implications - from national compliance, to European international relations, including the adjudication of disputes by the European Court of Human Rights - are fully explored. As the first book-length socio-legal examination of the Convention's principal achievements and failures, this study not only blends legal and social science scholarship around the theme of constitutionalization, but also offers a coherent set of policy proposals which both address the current case-management crisis and suggest ways forward neglected by recent reforms.
Category: Law

The Police And International Human Rights Law

Author : Ralf Alleweldt
ISBN : 9783319713397
Genre : Law
File Size : 78.40 MB
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This book provides an updated overview of current international human rights law relating to the police. Around the globe, the police have a special responsibility for the protection of human rights. Police work is governed by national rules and in addition, in today’s world, by the evolving international human rights standards. As a result of the ever-developing case law of international courts and other bodies, the requirements of human rights law on policing have become more and more detailed and complex in recent years. Bringing together a variety of distinguished authors from academia, police forces and other government authorities, the human rights movement, and international organizations, the book discusses topical issues, including the use of deadly force, the prevention of torture, effective investigations, the protection of personal data, and positive obligations of the police.
Category: Law

The Right To Equality In European Human Rights Law

Author : Charilaos Nikolaidis
ISBN : 9781317701378
Genre : Law
File Size : 51.48 MB
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A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.
Category: Law

Immigration Detention And Human Rights

Author : Galina Cornelisse
ISBN : 9789004173705
Genre : Law
File Size : 62.36 MB
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Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.
Category: Law

Yearbook Of The European Convention On Human Rights

Author : Council of Europe
ISBN : 9004155562
Genre : Civil rights
File Size : 35.10 MB
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The Yearbook of the European Convention on Human Rights, edited by staff of the Council of Europe, is an indispensable record of the development and impact of the world's oldest binding international human rights treaty. It reviews the implementation of the Convention both by the European Court of Human Rights and in national legislation and practice. The Yearbook includes: Full text of any new protocols to the Convention as they are opened for signature, together with the state of signatures and ratifications. Full listing of Court judgments; judgments broken down by subject-matter; and extensive summaries of key judgments handed down by the Court during the year. Selected human rights (DH) resolutions adopted as part of the Committee of Ministers' work supervising the execution of the Court's judgments. Enquiries by the Secretary General carried out under Article 52 of the Convention. Other work of the Council of Europe connected with the European Convention on Human Rights, carried out by the Committee of Ministers, the Parliamentary Assembly, and the Directorate General of Human Rights. A summary survey of the implementation in certain member states of the Convention in the form of both legislation and case-law. Bibliographic information from the library of the European Court of Human Rights. The Yearbook is published in an English-French bilingual edition.
Category: Civil rights

The Conservative Human Rights Revolution

Author : Marco Duranti
ISBN : 9780199811380
Genre :
File Size : 33.53 MB
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The Conservative Human Rights Revolution radically reinterprets the origins of the European human rights system, arguing that its conservative inventors envisioned the European Convention on Human Rights (ECHR) not only as an instrument to contain communism and fascism in continental Europe,but to allow them to pursue a controversial political agenda at home and abroad. Just as the Supreme Court of the United States had sought to overturn Franklin Roosevelt's New Deal, a European Court on Human Rights was meant to constrain the ability of democratically elected governments to implementleft-wing policies that conservatives believed violated their basic liberties. Conservatives expected that a European judiciary would halt the expansion of bureaucratic authority over Britain's economy, safeguard the autonomy of Catholic institutions in France, and ensure respect for the fundamental freedoms of individuals charged with political crimes at the end of the SecondWorld War. Human rights were also evoked in the hopes of reviving a nostalgic Christian vision of European identity long associated with Romanticism. All told, these efforts served as a basis for the reconciliation between Germany and the rest of Europe, while justifying the exclusion of communistsand colonized peoples from the ambit of European human rights law. Marco Duranti illuminates the history of internationalism and international law--from the peace conferences and world's fairs of the early twentieth century to the grand pan-European congresses of the postwar period--and elucidates Winston Churchill's Europeanism, as well as his criticalcontribution to the genesis of the ECHR. Drawing on previously unpublished material from twenty archives in six countries,The Conservative Human Rights Revolution revisits the ethical foundations of European integration after WWII and offers a new perspective on the crisis in which the EuropeanUnion finds itself today.
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