Law, Democracy and 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 Law, Democracy and the European Court of Human Rights write by Rory O'Connell. This book was released on 2020-11-05. Law, Democracy and the European Court of Human Rights available in PDF, EPUB and Kindle. Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.
The Right to Political Participation
The Right to Political Participation - 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 Right to Political Participation write by Taylor & Francis Group. This book was released on 2022-01-28. The Right to Political Participation available in PDF, EPUB and Kindle. This book provides a comparative analysis of how judgments from the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACHR) affect political participation and electoral justice at the national level. Looking at specific countries, the work analyses the legal impact the implementation of the ECtHR and the IACtHR judgments has, with a specific focus on cases in which the regional court concerned uses the "democratic argument", that is, arguments related to democracy and political rights. The reasoning is that although democracy is a much wider concept, judgments concerning violations of political rights and electoral justice provide reliable indicators to assess the status and sustainability of democracy in a State. Moreover, the analysis of the violations of political rights and electoral justice allows an in-depth comparison between the two regional human rights systems. Mindful of the broader scope of the fall-out generated by the non-implementation of judgments, including in socio-economic terms, the book includes a section exploring how judgments issued by the ECtHR and the IACtHR affect voters' participation in the countries under their jurisdiction. To this end, an original dataset including the 47 member States of the Council of Europe and the 20 countries which recognised the adjudicatory jurisdiction of the IACtHR is built. Multidisciplinary in aim and scope of analysis, the book will be an invaluable resource for researchers, academics and policymakers working in the areas of constitutional law, international human rights law and political economy.
The Impact of the ECHR on Democratic Change in Central and Eastern Europe
The Impact of the ECHR on Democratic Change in Central and Eastern Europe - 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 Impact of the ECHR on Democratic Change in Central and Eastern Europe write by Iulia Motoc. This book was released on 2016-08-18. The Impact of the ECHR on Democratic Change in Central and Eastern Europe available in PDF, EPUB and Kindle. High hopes were placed in the ability of the European Convention and the Court of Human Rights to help realise fundamental freedoms and civil and political rights in the post-communist countries. This book explores the effects of the Strasbourg human rights system on the domestic law, politics and reality of the new member states. With contributions by past and present judges of the European Court of Human Rights and assorted constitutional courts, this book provides an insider view of the relationship between Central and Eastern European states and the ECHR, and examines the fundamental role played by the ECHR in the process of democratisation, particularly the areas of the right to liberty, the right to propriety, freedom of expression, and minorities' rights.
Courts, Politics and Constitutional Law
Courts, Politics and Constitutional Law - 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 Courts, Politics and Constitutional Law write by Martin Belov. This book was released on 2019-10-16. Courts, Politics and Constitutional Law available in PDF, EPUB and Kindle. This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
The Concept of the Rule of Law and the European Court of Human Rights
The Concept of the Rule of Law and 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 The Concept of the Rule of Law and the European Court of Human Rights write by Geranne Lautenbach. This book was released on 2013-11-28. The Concept of the Rule of Law and the European Court of Human Rights available in PDF, EPUB and Kindle. This book analyses the concept of the rule of law in the context of international law, through the case law of the European Court of Human Rights. It investigates how the court has defined and interpreted the notion of the rule of law in its jurisprudence. It places this analysis against a background of more theoretical accounts of the idea of the rule of law, drawing in ideas of political philosophy. It also provides a comparative assessment, demonstrating how the idea of the rule of law has evolved in the UK, France, and Germany. The book argues that at the core of the concept of the rule of law are the notions of legality and judicial safeguards. It states that the Court has developed the requirements of legality, which the work analyses in detail, based on that concept. It assesses the independence of the judiciary as an aspect of the rule of law in the context of the European Convention on Human Rights, and the relationship between the rule of law and the substantive contents of law. The book posits that the rule of law as seen at the Court is not mainly utilised with regard to 'freedom' rights, but is more concerned with procedural rights. It discusses the relationship between the rule of law and the view of the Convention as a constitutional instrument of the European public order, and shows that the rule of law and democracy are inextricably linked in the case law of the Court. Ultimately, the book demonstrates in its analysis of the Court's jurisprudence that the notion of the rule of law is a crucial part of the international legal order.
