A Peoples History Of The European Court Of Human Rights
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| Author | : Michael Goldhaber |
| Publisher | : Rutgers University Press |
| Total Pages | : 240 |
| Release | : 2008-12-31 |
| Genre | : History |
| ISBN | : 0813544610 |
The exceptionality of America's Supreme Court has long been conventional wisdom. But the United States Supreme Court is no longer the only one changing the landscape of public rights and values. Over the past thirty years, the European Court of Human Rights has developed an ambitious, American-style body of law. Unheralded by the mass press, this obscure tribunal in Strasbourg, France has become, in many ways, the Supreme Court of Europe. Michael Goldhaber introduces American audiences to the judicial arm of the Council of Europe--a group distinct from the European Union, and much larger--whose mission is centered on interpreting the European Convention on Human Rights. The Council routinely confronts nations over their most culturally-sensitive, hot-button issues. It has stared down France on the issue of Muslim immigration; Ireland on abortion; Greece on Greek Orthodoxy; Turkey on Kurdish separatism; Austria on Nazism; and Britain on gay rights and corporal punishment. And what is most extraordinary is that nations commonly comply. In the battle for the world's conscience, Goldhaber shows how the court in Strasbourg may be pulling ahead.
| Author | : Michael Goldhaber |
| Publisher | : |
| Total Pages | : 232 |
| Release | : 2007 |
| Genre | : POLITICAL SCIENCE |
| ISBN | : 9786813541282 |
The exceptionality of America's Supreme Court has long been conventional wisdom. But the United States Supreme Court is no longer the only one changing the landscape of public rights and values. Over the past thirty years, the European Court of Human Rights has developed an ambitious, American-style body of law. Unheralded by the mass press, this obscure tribunal in Strasbourg, France has become, in many ways, the Supreme Court of Europe. Michael Goldhaber introduces American audiences to the judicial arm of the Council of Europe--a group distinct from the European Union, and much larger--whose mission is centered on interpreting the European Convention on Human Rights. The Council routinely confronts nations over their most culturally-sensitive, hot-button issues. It has stared down France on the issue of Muslim immigration; Ireland on abortion; Greece on Greek Orthodoxy; Turkey on Kurdish separatism; Austria on Nazism; and Britain on gay rights and corporal punishment. And what is most extraordinary is that nations commonly comply. In the battle for the world's conscience, Goldhaber shows how the court in Strasbourg may be pulling ahead.
| Author | : Diana Babuskova |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2013 |
| Genre | : Civil rights |
| ISBN | : 9789058870704 |
Based in Strasbourg, France, the European Court of Human Rights is a supra-national or international court established by the European Convention on Human Rights. It hears applications alleging that a contracting state has breached one or more of the human rights provisions concerning civil and political rights set out in the Convention and its protocols. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states, and, besides issuing judgments, the Court can also issue advisory opinions. The Convention was adopted within the context of the Council of Europe, and all of its 47 Member States are contracting parties to the Convention. In this book, a brief history of the origins and development of the Court is presented. The book includes the recently (May 2013) updated Rules of Court and the appendix contains the most basic documents of the Court.
| Author | : Luzius Wildhaber |
| Publisher | : |
| Total Pages | : 304 |
| Release | : 2006 |
| Genre | : Human rights |
| ISBN | : 9783883571379 |
| Author | : Helle Porsdam |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 241 |
| Release | : 2009-01-01 |
| Genre | : Political Science |
| ISBN | : 1849802300 |
Helle Porsdam s new book is a readable and perceptive analysis of European and American perceptions of essential human rights and their roots in national and regional cultures. Professor Porsdam traces the notions of civil, political, social and economic interests as rights protected and implemented by law on both sides of the Atlantic. From Civil to Human Rights is a must read for Europeans, Americans, and everyone else who wants to learn more about the institutions, values, hopes and dreams that bring us together and hold us apart at the beginning of the 21st century. Peter L. Murray, Harvard Law School, Cambridge, US Is there a special human rights narrative emerging from the chastened soul of post-war Europe? What lies ahead for that great but shattered community? Helle Porsdam, a leader in the related fields of human rights and humane letters, bids fair to answer these and other pressing questions. Along the way her highly nuanced intellect addresses the frustrating differences among those contentious first cousins, Europe and the United States. The result is a wide-ranging, richly informed inquiry about Europe s rise from the ashes and the choices it must make to inspire rather than repulse the world around it. Richard Weisberg, Cardozo Law School, New York, US Europeans have attempted for some time to develop a human rights talk and now European intellectuals are talking about the need to construct European narratives . This book illustrates that these narratives will emphasize a political and cultural vision for a multi-ethnic and more cosmopolitan Europe. The narratives evolve around human rights, partly in the hope that they might function as a cultural glue in an increasingly multi-ethnic Europe, and partly because they are intimately connected with that part of enlightenment thinking that sought to promote democracy and the rule of law. Helle Porsdam discusses the development of human rights as a discourse of atonement for Europeans a discourse which has the potential to become a shared, transatlantic discourse. Using an interdisciplinary approach, this book will be an invaluable research tool for postgraduate students and scholars within the fields of law, history, political science and international relations.
| Author | : Jonathan Sharpe |
| Publisher | : Third Millennium Information |
| Total Pages | : 224 |
| Release | : 2010 |
| Genre | : Civil rights |
| ISBN | : 9781906507459 |
In this book, main events from the Court's history over the last half-century are retraced. As a whole, the publication tells of the Court's enduring commitment to the protection of fundamental human rights.
| Author | : Steven Greer |
| Publisher | : Cambridge University Press |
| Total Pages | : 33 |
| Release | : 2006-11-30 |
| Genre | : Law |
| ISBN | : 1139461966 |
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.
| Author | : Birte Wassenberg |
| Publisher | : Council of Europe |
| Total Pages | : 452 |
| Release | : 2013-04-01 |
| Genre | : History |
| ISBN | : 9287178453 |
The Council of Europe, the oldest European organisation, was founded in 1949 with the aim of unifying the continent as a whole. The decision to establish its headquarters in Strasbourg was, moreover, symbolic of the desire for reconciliation between peoples. From the outset the Council of Europe adopted an institutional structure comprising a committee of ministers and a parliamentary assembly - the first in Europe. This book retraces the history of the Organisation. Consisting initially of Western European states, the Council of Europe was destined to embrace all the continent's countries, but the Cold War delayed its enlargement. It is only since 1989 that the Council of Europe has become a truly pan-European organisation, now comprising 47 member states. Its mission is based on three major goals: protecting human rights, promoting democratic values and guaranteeing the rule of law. The Council of Europe is also very active in fostering co-operation in all areas of life: education, sport, culture, etc. Starting in 1959, the European Court of Human Rights grew to become the Organisation's flagship institution: its judgments are binding on the member states. As an intergovernmental organisation, the Council of Europe has had to contend with the growth of the European Union and has sought constantly to redefine its role in international relations. In these early years of the 21st century, will it succeed in securing a key position in the European institutional architecture?
| Author | : Bychawska-Siniarska, Dominika |
| Publisher | : Council of Europe |
| Total Pages | : 124 |
| Release | : 2017-08-04 |
| Genre | : Political Science |
| ISBN | : |
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
| Author | : Yves Haeck |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2015 |
| Genre | : Human rights |
| ISBN | : 9781780683089 |
Drawing on the case law of the Court, this volume analyses crucial developments over the years on both procedural and substantive issues before the Inter-American Court.
