Law, Democracy and the European Court of Human Rights

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Publisher : Cambridge University Press
ISBN 13 : 1107035074
Total Pages : 321 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Law, Democracy and the European Court of Human Rights by : Rory O'Connell

Download or read book Law, Democracy and the European Court of Human Rights written by Rory O'Connell and published by Cambridge University Press. This book was released on 2020-11-05 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.

Democracy and Goodness

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Publisher : Cambridge University Press
ISBN 13 : 1108422578
Total Pages : 323 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Democracy and Goodness by : John R. Wallach

Download or read book Democracy and Goodness written by John R. Wallach and published by Cambridge University Press. This book was released on 2018-01-25 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proposes a new democratic theory, rooted in activity not consent, and intrinsically related to historical understandings of power and ethics.

Political Constitutionalism

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Publisher : Cambridge University Press
ISBN 13 : 1139467913
Total Pages : 280 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Political Constitutionalism by : Richard Bellamy

Download or read book Political Constitutionalism written by Richard Bellamy and published by Cambridge University Press. This book was released on 2007-09-13 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.

Defending Human Rights and Democracy in the Era of Globalization

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Publisher : IGI Global
ISBN 13 : 1522507248
Total Pages : 447 pages
Book Rating : 4.5/5 (225 download)

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Book Synopsis Defending Human Rights and Democracy in the Era of Globalization by : Akrivopoulou, Christina

Download or read book Defending Human Rights and Democracy in the Era of Globalization written by Akrivopoulou, Christina and published by IGI Global. This book was released on 2016-09-21 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: The era of technology in which we reside has ushered in a more globalized and connected world. While many benefits are gained from this connectivity, possible disadvantages to issues of human rights are developed as well. Defending Human Rights and Democracy in the Era of Globalization is a pivotal resource for the latest research on the effects of a globalized society regarding issues relating to social ethics and civil rights. Highlighting relevant concepts on political autonomy, migration, and asylum, this book is ideally designed for academicians, professionals, practitioners, and upper-level students interested in the ongoing concerns of human rights.

Protecting Human Rights

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Publisher : OUP Oxford
ISBN 13 : 9780199264063
Total Pages : 390 pages
Book Rating : 4.2/5 (64 download)

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Book Synopsis Protecting Human Rights by : Tom Campbell

Download or read book Protecting Human Rights written by Tom Campbell and published by OUP Oxford. This book was released on 2003 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conceptual boundaries and functions of human rights

Human Rights and Democracy

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Publisher : A&C Black
ISBN 13 : 1849664862
Total Pages : 193 pages
Book Rating : 4.8/5 (496 download)

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Book Synopsis Human Rights and Democracy by : Todd Landman

Download or read book Human Rights and Democracy written by Todd Landman and published by A&C Black. This book was released on 2013-09-26 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 20th century has been described as the bloodiest in human history, but it was also the century in which people around the world embraced ideas of democracy and human rights as never before, constructing social, political and legal institutions seeking to contain human behaviour. Todd Landman offers an optimistic, yet cautionary tale of these developments, drawing on the literature, from politics, international relations and international law. He celebrates the global turn from tyranny and violence towards democracy and rights but also warns of the precariousness of these achievements in the face of democratic setbacks and the undermining of rights commitments by many countries during the so-called 'War on Terror'.

Protecting the right to freedom of expression under the European Convention on Human Rights

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Publisher : Council of Europe
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4./5 ( download)

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Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika

Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

How Constitutional Rights Matter

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Publisher : Oxford University Press, USA
ISBN 13 : 0190871458
Total Pages : 397 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis How Constitutional Rights Matter by : Adam Chilton

Download or read book How Constitutional Rights Matter written by Adam Chilton and published by Oxford University Press, USA. This book was released on 2020 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.

Human Rights, Democracy, and Legitimacy in a World of Disorder

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Author :
Publisher : Cambridge University Press
ISBN 13 : 110842094X
Total Pages : 317 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Human Rights, Democracy, and Legitimacy in a World of Disorder by : Silja Voeneky

Download or read book Human Rights, Democracy, and Legitimacy in a World of Disorder written by Silja Voeneky and published by Cambridge University Press. This book was released on 2018-10-11 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines a trio of key concepts that help to stabilize states and the international order: human rights, democracy, and legitimacy.

Democracy and the Human Rights Act

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Publisher :
ISBN 13 : 9781315277646
Total Pages : 0 pages
Book Rating : 4.2/5 (776 download)

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Book Synopsis Democracy and the Human Rights Act by : Dennis Dixon

Download or read book Democracy and the Human Rights Act written by Dennis Dixon and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the extent to which the UK Human Rights Act successfully balances protection of rights and democracy. It is generally accepted that the Act prevents government from violating fundamental rights, but the extent to which the Act can legitimately be overridden as a result of public opinion and participation is less clear. The work considers the Act's effect on this popular element of the British Constitution. It uses analytical tools from republican political theory to explore the claim that the Act achieved a reconciliation between the protection of rights and democracy. In particular, it employs republican analysis of domination to consider how the Human Rights Act could operate so that public opinion invigilates legislative responses to judicial decisions. The key question is whether judicial decisions under the Human Rights Act serve to 'remove, reduce or replace' opportunities for the electorate to control judicial decision-making, remembering always that the electorate is seldom engaged in politics, but should it choose to, its ability to do so is at the heart of democracy. The study also examines the difficulty of isolating national constitutional forms where bills of rights are internationalised as with the European Convention on Human Rights. The book will be a valuable resource for students and academics researching constitutional legal theory and comparative constitutional law. While the focus is on the UK HRA, broader theoretical issues of constitutional review will have significant international interest and relevance to domestic debates on a British Bill of Rights.

State of democracy, human rights and the rule of law 2018

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Publisher : Council of Europe
ISBN 13 :
Total Pages : 108 pages
Book Rating : 4./5 ( download)

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Book Synopsis State of democracy, human rights and the rule of law 2018 by : Council of Europe

Download or read book State of democracy, human rights and the rule of law 2018 written by Council of Europe and published by Council of Europe. This book was released on 2018-05-15 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights, democracy and the rule of law depend on the institutions that give them form. But for populists, who invoke the proclaimed “will of the people”, these institutional checks and balances on power are often seen as an obstacle that should be subverted. This is the fifth annual report of the Secretary General of the Council of Europe on the state of democracy, human rights and the rule of law in Europe. As with previous reports, the five chapters look at the key building blocks of democratic security: efficient, impartial and independent judiciaries; freedom of expression; freedom of assembly and freedom of association; democratic institutions; and inclusive societies.

The Twilight of Human Rights Law

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Publisher : Oxford University Press
ISBN 13 : 0199313466
Total Pages : 219 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis The Twilight of Human Rights Law by : Eric Posner

Download or read book The Twilight of Human Rights Law written by Eric Posner and published by Oxford University Press. This book was released on 2014-10-01 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries solemnly intone their commitment to human rights, and they ratify endless international treaties and conventions designed to signal that commitment. At the same time, there has been no marked decrease in human rights violations, even as the language of human rights has become the dominant mode of international moral criticism. Well-known violators like Libya, Saudi Arabia, and Sudan have sat on the U.N. Council on Human Rights. But it's not just the usual suspects that flagrantly disregard the treaties. Brazil pursues extrajudicial killings. South Africa employs violence against protestors. India tolerate child labor and slavery. The United States tortures. In The Twilight of Human Rights Law--the newest addition to Oxford's highly acclaimed Inalienable Rights series edited by Geoffrey Stone--the eminent legal scholar Eric A. Posner argues that purposefully unenforceable human rights treaties are at the heart of the world's failure to address human rights violations. Because countries fundamentally disagree about what the public good requires and how governments should allocate limited resources in order to advance it, they have established a regime that gives them maximum flexibility--paradoxically characterized by a huge number of vague human rights that encompass nearly all human activity, along with weak enforcement machinery that churns out new rights but cannot enforce any of them. Posner looks to the foreign aid model instead, contending that we should judge compliance by comprehensive, concrete metrics like poverty reduction, instead of relying on ambiguous, weak, and easily manipulated checklists of specific rights. With a powerful thesis, a concise overview of the major developments in international human rights law, and discussions of recent international human rights-related controversies, The Twilight of Human Rights Law is an indispensable contribution to this important area of international law from a leading scholar in the field.

Human Rights In The Administration Of Justice

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Publisher : New York and Geneva : United Nations
ISBN 13 : 9789211541410
Total Pages : 885 pages
Book Rating : 4.5/5 (414 download)

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Book Synopsis Human Rights In The Administration Of Justice by : United Nations. Office of the High Commissioner for Human Rights

Download or read book Human Rights In The Administration Of Justice written by United Nations. Office of the High Commissioner for Human Rights and published by New York and Geneva : United Nations. This book was released on 2003-12-01 with total page 885 pages. Available in PDF, EPUB and Kindle. Book excerpt: Independent legal professionals play a key role in the administration of justice and the protection of human rights. Judges, prosecutors and lawyers need access to information on human rights standards laid down in the main international legal instruments and to related jurisprudence developed by universal and regional monitoring bodies. This publication, which includes a manual and a facilitator's guide, seeks to provide a comprehensive core curriculum on international human rights standards for legal professionals. It includes a CD-ROM containing the full electronic text of the manual in pdf format.

The Political Morality of Liberal Democracy

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Publisher : Cambridge University Press
ISBN 13 : 0521115183
Total Pages : 225 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis The Political Morality of Liberal Democracy by : Michael J. Perry

Download or read book The Political Morality of Liberal Democracy written by Michael J. Perry and published by Cambridge University Press. This book was released on 2010 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important new work elaborates and defends an account of the political morality of liberal democracy.

Human Rights

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Publisher : Cavendish Square Publishing, LLC
ISBN 13 : 1502628244
Total Pages : 50 pages
Book Rating : 4.5/5 (26 download)

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Book Synopsis Human Rights by : Tim Cooke

Download or read book Human Rights written by Tim Cooke and published by Cavendish Square Publishing, LLC. This book was released on 2017-07-15 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout recorded history there have been reports of individuals or groups of people being treated unequally or unfairly for various reasons like the color of their skin or the people they love. Rights in the ancient world were much different than modern human rights. People were sometimes bought and traded like property. In the medieval world, this changed to where merchants and some women had special rights that common people did not have. Most recently, people in the United States have been fighting for equal rights for African Americans and people in the LGBTQ communities. This book explores human rights today and how human rights have developed over time. Full-color photographs and fact boxes provide additional insight into the subject matter and will spark readers’ interest in learning more about the fight for equality.

Courts, Politics and Constitutional Law

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Publisher : Routledge
ISBN 13 : 1000707970
Total Pages : 201 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Courts, Politics and Constitutional Law by : Martin Belov

Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Democracy and Human Rights

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Author :
Publisher : International Progress Organization
ISBN 13 : 9783900704087
Total Pages : 34 pages
Book Rating : 4.7/5 (4 download)

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Book Synopsis Democracy and Human Rights by : Hans Köchler

Download or read book Democracy and Human Rights written by Hans Köchler and published by International Progress Organization. This book was released on 1990 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: