Judicial Tactics in the European Court of Human Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judicial Tactics in the European Court of Human Rights write by Shai Dothan. This book was released on 2011. Judicial Tactics in the European Court of Human Rights available in PDF, EPUB and Kindle. The European Court of Human Rights (ECHR) has been criticized for issuing harsher judgments against developing states than it does against the states of Western Europe. It has also been seen by some observers as issuing increasingly demanding judgments. This paper develops a theory of judicial decision-making that accounts for these trends. In order to obtain higher compliance rates with the judgments that promote its preferences, the ECHR seeks to increase its reputation. The court gains reputation every time a state complies with its judgments, and loses reputation every time a state fails to comply with its judgments. Not every act of compliance has the same effect on the reputation of the court, however. When the judgment is costlier, the court will gain more reputation in the case of compliance. In an effort to build its reputation, in some cases the court will issue the costliest judgment with which it expects the state to comply. Since the ECHR receives high compliance rates, its reputation increases, which leads it to issue costlier judgments. The court restrains itself when facing high-reputation states that can severely damage its reputation by noncompliance or criticism, so it demands more from low-reputation states.
Reputation and Judicial Tactics
Reputation and Judicial Tactics - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Reputation and Judicial Tactics write by Shai Dothan. This book was released on 2015. Reputation and Judicial Tactics available in PDF, EPUB and Kindle. This book argues that national and international courts seek to enhance their reputations through the strategic exercise of judicial power. Courts often cannot enforce their judgments and must rely on reputational sanctions to ensure compliance. One way to do this is for courts to improve their reputation for generating compliance with their judgments. When the court's reputation is increased, parties will be expected to comply with its judgments and the reputational sanction on a party that fails to comply will be higher. This strategy allows national and international courts, which cannot enforce their judgments against states and executives, to improve the likelihood that their judgments will be complied with over time. This book describes the judicial tactics that courts use to shape their judgments in ways that maximize their reputational gains.
The European Court of Human Rights and its Discontents
The European Court of Human Rights and its Discontents - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The European Court of Human Rights and its Discontents write by Spyridon Flogaitis. This book was released on 2013-01-01. The European Court of Human Rights and its Discontents available in PDF, EPUB and Kindle. The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.
Strategies of Compliance with the European Court of Human Rights
Strategies of Compliance with the European Court of Human Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Strategies of Compliance with the European Court of Human Rights write by Andreas von Staden. This book was released on 2018-06-11. Strategies of Compliance with the European Court of Human Rights available in PDF, EPUB and Kindle. In Strategies of Compliance with the European Court of Human Rights, Andreas von Staden traces the impact of human rights violations in Germany and the United Kingdom and details how governments, legislators, and domestic judges responded to the court's demands for either financial compensation or changes to laws, policies, and practices.
Judgments of the European Court of Human Rights - Effects and Implementation
Judgments of the European Court of Human Rights - Effects and Implementation - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judgments of the European Court of Human Rights - Effects and Implementation write by Anja Seibert-Fohr. This book was released on 2017-05-15. Judgments of the European Court of Human Rights - Effects and Implementation available in PDF, EPUB and Kindle. This volume deals with the domestic effects of judgments of the European Court of Human Rights as a challenge to the various levels of legal orders in Europe. The starting point is the divergent impact of the ECtHR’s jurisdiction within the Convention States. The volume seeks new methods of orientation at the various legal levels, given the fact that the Strasbourg case law is increasingly important for most areas of society. Topical tendencies in the case law of the Court are highlighted and discussed against the background of the principle of subsidiarity. The book includes a detailed analysis of the scope, reach, consequences and implementation of the Court’s judgments and of the issue of concomitant damages. At the same time the volume deals with the role of domestic jurisdictions in implementing the ECtHR’s judgments. Distinguished Judges, legal academics and practitioners from various Council of Europe States are among the contributors to this volume, which succeeds in bringing divergent points of view into the discussion and in developing strategies for conflict resolution.
