The Far Right In International And European Law
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| Author | : Natalie Alkiviadou |
| Publisher | : Routledge |
| Total Pages | : 296 |
| Release | : 2019-04-18 |
| Genre | : Law |
| ISBN | : 0429664605 |
Since the Second World War, the international community has sought to prevent the repetition of destructive far-right forces by establishing institutions such as the United Nations and by adopting documents such as the Universal Declaration of Human Rights. Jurisprudence and conventions directly prohibit far-right speech and expression. Nevertheless, recently, violent far-right entities, such as Golden Dawn of Greece, have received unprecedented electoral support, xenophobic parties have done spectacularly well in elections; and countries such as Hungary and Poland are being led by right-wing populists who are bringing constitutional upheaval and violating basic elements of doctrines such as the rule of law. In light of this current reality, this book critically assesses the international and European tools available for States to regulate the far-right. It conducts the analysis through a militant democracy lens. This doctrine has been considered in several arenas as a concept more generally; in the sphere of the European Convention on Human Rights; in relation to particular freedoms, such as that of association; and as a tool for challenging the far-right movement through the spectrum of political science. However, this doctrine has not yet been applied within a legal assessment of challenging the far-right as a single entity. After analysing the aims, objectives, scope and possibility of shortcomings in international and European law, the book looks at what state obligations arise from these laws. It then assesses how freedom of opinion and expression, freedom of association and freedom of assembly are provided for in international and European law and explores what limitation grounds exist which are directly relevant to the regulation of the far-right. The issue of the far-right is a pressing one on the agenda of politicians, academics, civil society and other groups in Europe and beyond. As such, this book will appeal to those with an interest in International, European or Human rights Law and political science.
| Author | : Björnstjern Baade |
| Publisher | : Springer |
| Total Pages | : 369 |
| Release | : 2021-11-30 |
| Genre | : Law |
| ISBN | : 9783662621301 |
Analysing international law through the prism of “cynicism” makes it possible to look beyond overt disregard for international law, currently discussed in terms of a backlash or crisis. The concept allows to analyse and criticise structural features and specific uses of international law that seem detrimental to international law in a more subtle way. Unlike its ancient predecessor, cynicism nowadays refers not to a bold critique of power but to uses and abuses of international law that pursue one-sided interests tacitly disregarding the legal structure applied. From this point of view, the contributions critically reflect on the theoretical foundations of international law, in particular its relationship to power, actors such as the International Law Commission and international judges, and specific fields, including international human rights, humanitarian, criminal, tax and investment law.
| Author | : Nanette A. Neuwahl |
| Publisher | : BRILL |
| Total Pages | : 351 |
| Release | : 2021-09-27 |
| Genre | : Law |
| ISBN | : 9004482423 |
| 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 | : Bertelsmann Stiftung (Gütersloh, Germany) |
| Publisher | : Bertelsmann Foundation Publishers |
| Total Pages | : 572 |
| Release | : 2009 |
| Genre | : Business & Economics |
| ISBN | : |
"Right-wing extremism is a phenomenon that can be found throughout Europe. All democratic societies are threatened by racist, anti-pluralistic and authoritarian ideas. Even though the so-called "radical right" differs in character and ideology in the various European countries it strives to restrict civic and human rights as well as to change the constitutional structures that are based on the principles of democracy and liberty. Individual European countries deal with this challenge differently. The various policy approaches found in these countries are a good source for developing improved practices for fighting right-wing extremism in German and worldwide." "With this publication the Bertelsmann Stiftung presents an overview of the radical right in Austria, Belgium, Denmark, France, Germany, Great Britain, Hungary, Italy, the Netherlands, Sweden and Switzerland. It also includes the most successful strategies against right-wing extremism found in these countries. The main focus of this publication is the actions pursued by the governments, political parties and actors of the civil society. Judicial provisions are highlighted as well as the implementation of laws, special action programs, the effectiveness of prosecution of right-wing crimes, cooperation of parties, institutional responsibilities, cooperation of authorities with NGOs and civil commitment against right-wing extremism." --Book Jacket.
| Author | : Charilaos Nikolaidis |
| Publisher | : Routledge |
| Total Pages | : 255 |
| Release | : 2014-07-25 |
| Genre | : Law |
| ISBN | : 1317701380 |
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.
| Author | : Gabriella Lazaridis |
| Publisher | : Springer |
| Total Pages | : 304 |
| Release | : 2016-07-04 |
| Genre | : Social Science |
| ISBN | : 113755679X |
The results of the last European Elections of 2014 confirmed the rise of right and far right 'populist' parties across the EU. The success of a range of parties, such as Denmark’s Dansk Folskeparti, Slovenia’s Slovenska demokratska stranka, France’s Front National, Greece’s Golden Dawn, the United Kingdom Independence Party, Beppe Grillo’s Five Star Movement in Italy and the Austrian FPÖ, has been perceived as a political wave which is transforming the face of the European Parliament, and challenging at some level the hegemony of the 'big four' well-established European political forces that lead the Strasbourg’s assembly: the ALDE, EPP, S&D and Greens/ALE. As 'populism' has become a major issue in many EU countries, this collection aims to provide a critical understanding of related trends and recommend ways in which they can be challenged both in policy and praxis, by using the gender-race-ethnicity-sexual orientation intersectionality approach. This international volume combines extensive transnational comparative data analysis, as well as research at discursive, attitudinal and behavioural levels.
| Author | : Martti Koskenniemi |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 413 |
| Release | : 2011-06-10 |
| Genre | : Law |
| ISBN | : 1847317766 |
Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.
| Author | : J. G. Merrills |
| Publisher | : Manchester University Press |
| Total Pages | : 354 |
| Release | : 1993 |
| Genre | : Law |
| ISBN | : 9780719045608 |
| Author | : Jürgen Habermas |
| Publisher | : John Wiley & Sons |
| Total Pages | : 157 |
| Release | : 2014-11-05 |
| Genre | : Philosophy |
| ISBN | : 0745694675 |
The future of Europe and the role it will play in the 21st century are among the most important political questions of our time. The optimism of a decade ago has now faded but the stakes are higher than ever. The way these questions are answered will have enormous implications not only for all Europeans but also for the citizens of Europe’s closest and oldest ally – the USA. In this new book, one of Europe's leading intellectuals examines the political alternatives facing Europe today and outlines a course of action for the future. Habermas advocates a policy of gradual integration of Europe in which key decisions about Europe's future are put in the hands of its peoples, and a 'bipolar commonality' of the West in which a more unified Europe is able to work closely with the United States to build a more stable and equitable international order. This book includes Habermas's portraits of three long-time philosophical companions, Richard Rorty, Jacques Derrida and Ronald Dworkin. It also includes several important new texts by Habermas on the impact of the media on the public sphere, on the enduring importance religion in "post-secular" societies, and on the design of a democratic constitutional order for the emergent world society.
