ISBN:
1782546111
,
9781782546115
,
9781782546122
Language:
English
Pages:
XXI, 217 S.
Parallel Title:
Online-Ausg.: The European Court of Human Rights and its Discontents
DDC:
340.09
Keywords:
Aufsatzsammlung
;
Europäischer Gerichtshof für Menschenrechte
;
Europäische Union
;
Mitgliedsstaaten
;
Menschenrecht
;
Europäischer Gerichtshof für Menschenrechte
;
Menschenrecht
Abstract:
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 policy makers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to in
Description / Table of Contents:
Cover; Copyright; Contents; Acknowledgements; Contributors; Foreword; Table of Cases; Table of Legislation; 1. Introduction: The need for both international and national protection of human rights - the European challenge; 2. Criticism and case-overload: Comments on the future of the European Court of Human Rights; 3. The European Court of Human Rights and its ever-growing caseload: Preserving the mission of the Court while ensuring the viability of the individual petition system; 4. Is the European Court of Human Rights on a slippery slope?
Description / Table of Contents:
5. Why much of the criticism of the European Court of Human Rights is unfounded6. Challenges facing the European Court of Human Rights: Fragmentation of the international order, division in Europe and the right to individual petition; 7. Britain must defy the European Court of Human Rights on prisoner voting as Strasbourg is exceeding its authority; 8. More human rights than Court: Whyt he legitimacy of the European Court of Human Rights is in need of repair and how it can be done; 9. The vital relationship between the European Court of Human Rights and national courts
Description / Table of Contents:
10. The need for dialogue between national courts and the European Court of Human Rights11. Interaction between the European Court of Human Rights and member States: European consensus, advisory opinions and the question of legitimacy; 12. Amicus curiae as a means to reinforce the legitimacy of the European Court of Human Rights; 13. How to improve the results of a reluctant player: The case of Russia and the European Convention on Human Rights; 14. Solutions for the European Court of Human Rights: The Amicus Curiae Project
Description / Table of Contents:
15. An all-European conversation: Promoting a common understanding of European human rights16. Conclusion: The European Convention on Human Rights as a common European endeavour; Index
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