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| Author | : Federico Fabbrini |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 340 |
| Release | : 2014-02 |
| Genre | : Law |
| ISBN | : 0198702043 |
This book examines the European system for the protection of fundamental rights. The aim is to identify the constitutional dynamics that occur as a result of the interaction between state and transnational human rights standards. Fabbrini compares the European system with the US federal system based on four case studies.
| Author | : Marton Varju |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 297 |
| Release | : 2014-03-28 |
| Genre | : Law |
| ISBN | : 1781951748 |
The European Union�s jurisprudence is responsible for a complex body of human rights law which pursues a busy, multi-tiered agenda and is essential for the lawful and the effective operation and development of the EU polity and its legal order. This in
| Author | : Patricia Popelier |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : Civil rights |
| ISBN | : 9781780684017 |
The goal of the volume is to explore how widespread criticism of the European Court of Human Rights is. It also assesses to what extent such criticism is being translated in strategies at the political level or at the judicial level and brings about concrete changes in the dynamics between national and European fundamental rights protection.
| Author | : Nanette A. Neuwahl |
| Publisher | : BRILL |
| Total Pages | : 351 |
| Release | : 2021-09-27 |
| Genre | : Law |
| ISBN | : 9004482423 |
| Author | : Emmanuelle Bribosia |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2018 |
| Genre | : Civil rights |
| ISBN | : 9781780686134 |
Human Rights Tectonics: Global Dynamics of Integration and Fragmentation is a collaborative effort of internationally renowned human rights experts to analyse the effectiveness of legal protection in a highly fragmented and multi-layered human rights system.Bringing together international, European and national perspectives and focusing on select subject areas such as non-discrimination, accommodation of cultural identity and socio-economic rights, the book examines the difficulties faced by human rights lawyers in their day-to-day work. Through the implementation of a methodology applying both theoretical inquiry and case study examples, the book analyses the impact of the fragmentation of international and regional human rights and how this can cause failures in effective legal protection or, on certain occasions, strengthen it. The imagery of plate tectonics aims to portray the extent to which human rights law is in perpetual construction and constant renewal with lines of convergence and divergence. Entangled into battles, shocks, jolts or clashes, human rights find themselves today 'on trial'. Against this backdrop, the book addresses the case for an increased integration of human rights law, comprehensively and critically, with a focus on concrete and contemporary issues.
| Author | : European Commission for Democracy through Law |
| Publisher | : Council of Europe |
| Total Pages | : 236 |
| Release | : 2011-01-01 |
| Genre | : Political Science |
| ISBN | : 9789287171344 |
What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?
| Author | : Howard Charles Yourow |
| Publisher | : BRILL |
| Total Pages | : 241 |
| Release | : 2021-09-27 |
| Genre | : Law |
| ISBN | : 9004482261 |
The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence is the first full-length monograph to treat this subject, which is of central importance to the interpretation and application of the European Convention on Human Rights. It will enrich the understanding and appreciation of judges, advocates, civil servants, scholars, researchers, students, and indeed of anyone whose life and work is affected by national and international human rights adjudication. This thorough and learned analysis synthesizes the work of the Strasbourg judicial organs, proceeding in the light of the ongoing debates on the appropriate place of the margin doctrine in the Strasbourg jurisprudence. The author's rich conclusions add texture and perspective to the future judicial and scholarly dialogues which will no doubt continue to surround this subject matter. The text is eminently readable, written in a clear and precise style to be appreciated by the novice and specialist alike. The newcomer to human rights and to the Convention will find it an inviting introduction to complex material; the expert will gain new and expanded insights into the development of the case law rarely to be found in this breadth and depth.
| Author | : Lorenza Violini |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 249 |
| Release | : 2018-10-26 |
| Genre | : Law |
| ISBN | : 1786436051 |
The composite nature of the EU constitutional legal framework and the presence of different fundamental rights protection actors within the European landscape presents a complex and fragmented scenario in search of a coherent structure. This discerning book provides a thorough analysis and offers a unique perspective on the future of fundamental rights protection in Europe. With engaging contributions from both scholars and practitioners, the chapters consider not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies. The contributors cover the different features and implications of judicial and non-judicial bodies at national, supranational and institutional level, paying close attention to their interaction and the ways in which each have a role to play in a comprehensive fundamental rights policy. Particular attention is paid to both the individual dimension of rights protection and the systemic dimension of rights monitoring and advisory, which have been largely overlooked in previous studies. Taking account of both theory and practice, this book will be a valuable resource to legal scholars in the fields of human rights protection, constitutional law and EU law. Members of national and supranational human rights organizations will also find this a valuable tool in discovering more about the legal foundations of their work. Contributors include: M. Avbelj, A. Baraggia, F. Fabbrini, M.E. Gennusa, S. Granata, S. Imamovic, K. Meuwissen, S. Menghini, S. Ninatti, O. Pollicino, C. Rauchegger, L.P. Vanoni, L. Violini
| Author | : J. Koops |
| Publisher | : Springer |
| Total Pages | : 221 |
| Release | : 2014-11-11 |
| Genre | : Political Science |
| ISBN | : 1137356855 |
This collection brings together leading scholars and practitioners to assess the processes, institutions and outcomes of the EU's collective diplomatic engagement in the fields of security, human rights, trade and finance and environmental politics. It analyzes successes and failures in the EU's search for global influence in the post-Lisbon era.
| Author | : Sieglinde Gstöhl |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 374 |
| Release | : 2021-03-26 |
| Genre | : Political Science |
| ISBN | : 1350928828 |
This groundbreaking new textbook offers extensive coverage of EU External Action studies, from its major concepts to the key theories in the field. Over the past decades, the European Union has progressively developed into a significant global actor in an increasing number of policy fields. This long-awaited volume looks into different ways of conceptualizing the EU as a global actor, the processes and impact of EU external action, explanations offered by IR and integration theories, the discursive, normative, practice and gender 'turns', and the 'decentring agenda' for EU external action. The book offers a reader-friendly guidance on these various ways in which to study the EU as a global actor: each chapter introduces one concept, approach or theory and illustrates its application by a case study of EU external action. In drawing the different perspectives together, the book underscores that 'EU External Action Studies' is becoming an academic speciality in its own right. Written by leading experts, the volume will make essential reading for students, scholars and practitioners of EU external action. EU External Action Studies nowadays attract attention from scholars and students in International Relations (IR), Foreign Policy Analysis and (interdisciplinary) EU Studies, as well as from practitioners.
