Transitional Jurisprudence and the ECHR

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139501119
Total Pages : 331 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Transitional Jurisprudence and the ECHR by : Antoine Buyse

Download or read book Transitional Jurisprudence and the ECHR written by Antoine Buyse and published by Cambridge University Press. This book was released on 2011-08-11 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights has been a standard-setting text for transitions to peace and democracy in states throughout Europe. This book analyses the content, role and effects of the jurisprudence of the European Court relating to societies in transition. It features a wide range of transitional challenges, from killings by security forces in Northern Ireland to property restitution in East Central Europe, and from political upheaval in the Balkans to the position of religious minorities and Roma. Has the European Court developed a specific transitional jurisprudence? How do politics affect the ways in which the Court's judgments are implemented? Does the Court's case-law itself become woven into narratives of struggle in transitional societies? This book seeks to answer these questions by highlighting the unique role of Europe's main guardian of human rights, the Court in Strasbourg. It includes a comparison with the Inter-American and African human rights systems.

Transitional Jurisprudence and the ECHR

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9781107003019
Total Pages : 330 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Transitional Jurisprudence and the ECHR by : Antoine Buyse

Download or read book Transitional Jurisprudence and the ECHR written by Antoine Buyse and published by Cambridge University Press. This book was released on 2011-08-11 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights has been a standard-setting text for transitions to peace and democracy in states throughout Europe. This book analyses the content, role and effects of the jurisprudence of the European Court relating to societies in transition. It features a wide range of transitional challenges, from killings by security forces in Northern Ireland to property restitution in East Central Europe, and from political upheaval in the Balkans to the position of religious minorities and Roma. Has the European Court developed a specific transitional jurisprudence? How do politics affect the ways in which the Court's judgments are implemented? Does the Court's case-law itself become woven into narratives of struggle in transitional societies? This book seeks to answer these questions by highlighting the unique role of Europe's main guardian of human rights, the Court in Strasbourg. It includes a comparison with the Inter-American and African human rights systems.

Transitional Jurisprudence and the European Convention on Human Rights

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Author :
Publisher :
ISBN 13 :
Total Pages : 317 pages
Book Rating : 4.:/5 (21 download)

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Book Synopsis Transitional Jurisprudence and the European Convention on Human Rights by : Antoine Christian Buyse

Download or read book Transitional Jurisprudence and the European Convention on Human Rights written by Antoine Christian Buyse and published by . This book was released on 2011 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The European Convention on Human Rights has been a standard-setting text for transitions to peace and democracy in states throughout Europe. This book analyses the content, role and effects of the jurisprudence of the European Court relating to societies in transition. It features a wide range of transitional challenges, from killings by security forces in Northern Ireland to property restitution in East Central Europe, and from political upheaval in the Balkans to the position of religious minorities and Roma. Has the European Court developed a specific transitional jurisprudence? How do politics affect the ways in which the Court's judgments are implemented? Does the Court's case-law itself become woven into narratives of struggle in transitional societies? This book seeks to answer these questions by highlighting the unique role of Europe's main guardian of human rights, the Court in Strasbourg. It includes a comparison with the Inter-American and African human rights systems"--

The European Court of Human Rights in the Post-Cold War Era

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Author :
Publisher : Routledge
ISBN 13 : 1136159428
Total Pages : 290 pages
Book Rating : 4.1/5 (361 download)

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Book Synopsis The European Court of Human Rights in the Post-Cold War Era by : James A. Sweeney

Download or read book The European Court of Human Rights in the Post-Cold War Era written by James A. Sweeney and published by Routledge. This book was released on 2013-01-17 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights in the Post-Cold War Era: Universality in Transition examines transitional justice from the perspective of its impact on the universality of human rights, taking the jurisprudence of the European Court of Human Rights as its detailed case study. The problem is twofold: there are questions about differences in human rights standards between transitional and non-transitional situations, and about differences between transitions. The European Court has been a vital part of European democratic consolidation and integration for over half a century, setting meaningful standards and offering legal remedies to the individually repressed, the politically vulnerable, and the socially excluded. After their emancipation from Soviet influence in the 1990s, and with membership of the European Union in mind for many, the new democracies of Central and Eastern Europe flocked to the Convention system. The voluminous jurisprudence of the European Court of Human Rights can now give us some clear information about how an international human rights law regime can interact with transitional justice. The jurisprudence is divided between those cases concerning the human rights implications of explicitly transitional policies (such as lustration), and those that involve impacts upon specific democratic rights during the transition. The book presents a close examination of claims by states that transitional policies and priorities require a level of deference from the Strasbourg institutions. The book proposes that states’ claims for leeway from international human rights supervisory mechanisms during times of transition can be characterised not as arguments for cultural relativism, but for ‘transitional relativism’.

Transitional Justice

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Author :
Publisher : Oxford University Press
ISBN 13 : 019988224X
Total Pages : 404 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Transitional Justice by : Ruti G. Teitel

Download or read book Transitional Justice written by Ruti G. Teitel and published by Oxford University Press. This book was released on 2002-03-28 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.

Coercive Human Rights

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509937889
Total Pages : 465 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Coercive Human Rights by : Laurens Lavrysen

Download or read book Coercive Human Rights written by Laurens Lavrysen and published by Bloomsbury Publishing. This book was released on 2020-11-12 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR). The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the ECtHR on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR's coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.

Coercive Human Rights

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Author :
Publisher :
ISBN 13 : 9781509937905
Total Pages : pages
Book Rating : 4.9/5 (379 download)

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Book Synopsis Coercive Human Rights by : Laurens Lavrysen

Download or read book Coercive Human Rights written by Laurens Lavrysen and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights. The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the European Court of Human Rights on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR's coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.

The European Court of Human Rights

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Author :
Publisher : Elements of International Law
ISBN 13 : 0198849648
Total Pages : 257 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The European Court of Human Rights by : Angelika Nussberger

Download or read book The European Court of Human Rights written by Angelika Nussberger and published by Elements of International Law. This book was released on 2020 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.

The European Court of Human Rights in the Post-Cold War Era

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Author :
Publisher : Routledge
ISBN 13 : 0415544335
Total Pages : 290 pages
Book Rating : 4.4/5 (155 download)

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Book Synopsis The European Court of Human Rights in the Post-Cold War Era by : James A. Sweeney

Download or read book The European Court of Human Rights in the Post-Cold War Era written by James A. Sweeney and published by Routledge. This book was released on 2013 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the case law of the European Court of Human Rights with particular reference to democratic transitions in Europe and the consequent enlargement of the European Convention system. The book analyses how the Court has responded to the difficult circumstances presented by the new Contracting Parties.

The Constitutional Relevance of the ECHR in Domestic and European Law

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Author :
Publisher : Intersentia Uitgevers N V
ISBN 13 : 9781780681184
Total Pages : 251 pages
Book Rating : 4.6/5 (811 download)

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Book Synopsis The Constitutional Relevance of the ECHR in Domestic and European Law by : Giorgio Repetto

Download or read book The Constitutional Relevance of the ECHR in Domestic and European Law written by Giorgio Repetto and published by Intersentia Uitgevers N V. This book was released on 2013 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the European Convention on Human Rights (ECHR) gained unexpected relevance in the European constitutional culture. On the one hand, its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights' reputation vis-a-vis the Member States. On the other hand, and even more importantly, the ECHR's significance arises from a changing perception of its constitutional potential. Starting with the assumption that the ECHR is transforming the European constitutional landscape, this book shows that the European Convention raises unprecedented problems that involve, first of all, its own theoretical status as constitutional instrument that ensures the protection of human rights in Europe. Changing paradigms concerning its incorporation in domestic law, as well as the growing conflicts about the protection of some rights and liberties that are deeply rooted in national legal contexts (such as teaching of religion, bio law, and rights of political minorities), are jointly examined in order to offer a unified methodology for the study of European constitutional law centered upon human rights. For a detailed analysis of these issues, the book examines the different facets of the ECHR's constitutional relevance by separating the ECHR's role as a 'factor of Europeanization' for national constitutional systems (Part I) from its role as a veritable European transnational constitution in the field of human rights (Part II). Written for legal scholars focusing on the emerging trends of European and transnational constitutional law, the book investigates the basic tenets of the role of the ECHR as a cornerstone of European constitutionalism.

Transitional Justice and Forced Migration: Critical Perspectives from the Global South

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108422063
Total Pages : 333 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Transitional Justice and Forced Migration: Critical Perspectives from the Global South by : Nergis Canefe

Download or read book Transitional Justice and Forced Migration: Critical Perspectives from the Global South written by Nergis Canefe and published by Cambridge University Press. This book was released on 2019-11-07 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Establishes links between lack of societal peace, structural causes of human suffering, recurrent patterns of political violence and forced migration in the Global South.

Legal Developments During 30 Years of Lithuanian Independence

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Author :
Publisher : Springer Nature
ISBN 13 : 3030547833
Total Pages : 315 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Legal Developments During 30 Years of Lithuanian Independence by : Gintaras Švedas

Download or read book Legal Developments During 30 Years of Lithuanian Independence written by Gintaras Švedas and published by Springer Nature. This book was released on 2020-10-17 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides an overview of selected major areas of legal and institutional development in Lithuania since the Restoration of Independence in 1990. The respective chapters discuss changes in fields varying from the constitutional framework to criminal law and procedure. The content highlights four major aspects of the fundamental changes that have affected the entire legal system: the Post-Soviet country’s complex historical heritage; socio-political and other conditions in the process of adopting new (rule of law) standards; international legal influences on the national legal order over the past 30 years; and finally, the search for entirely new national legal models. Over a period of 30 years since gaining its independence from the Soviet Union, Lithuania has undergone unique social changes. The state restarted its independent journey burdened by the complicated heritage of the Soviet legal system. Some major reforms have taken place swiftly, while others have required years of thorough analysis of societal needs and the search for optimal examples in other states. The legal system is now substantially different, with some elements being entirely new, and others adapted to present needs.

Cyprus at the European Court of Human Rights

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Author :
Publisher : BRILL
ISBN 13 : 900451385X
Total Pages : 331 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Cyprus at the European Court of Human Rights by : Costas Paraskeva

Download or read book Cyprus at the European Court of Human Rights written by Costas Paraskeva and published by BRILL. This book was released on 2022-06-20 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors grapple with questions raised by the Court’s reversal in its approach to the violations of the rights to home and property of Cypriot displaced persons resulting from the Turkish occupation of northern Cyprus. In the 4th interstate application of Cyprus v. Turkey, the Court found Turkey in violation of the rights to home and property of hundreds of thousands of Greek Cypriot internally displaced persons resulting from the invasion and occupation of northern Cyprus. Such findings were also firmly established in a handful of individual applications, most prominent amongst which is the landmark case Loizidou v. Turkey. However, a couple of decades following these judgments the findings of violations were jettisoned by the inadmissibility decision in Demopoulos and others v. Turkey.

The European Convention on Human Rights

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139461966
Total Pages : 33 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The European Convention on Human Rights by : Steven Greer

Download or read book The European Convention on Human Rights written by Steven Greer and published by Cambridge University Press. This book was released on 2006-11-30 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Inter-State Application under the European Convention on Human Rights

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Publisher : BRILL
ISBN 13 : 9004357262
Total Pages : 294 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Inter-State Application under the European Convention on Human Rights by : Isabella Risini

Download or read book The Inter-State Application under the European Convention on Human Rights written by Isabella Risini and published by BRILL. This book was released on 2018-05-09 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The comprehensive analysis about the Inter-State Application under the ECHR by Isabella Risini fills a gap in the literature. The study provides an informed proposal to strengthen the protection of human rights in Europe and the role of the Court.

The Routledge Handbook of White-Collar and Corporate Crime in Europe

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Author :
Publisher : Routledge
ISBN 13 : 131793671X
Total Pages : 596 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis The Routledge Handbook of White-Collar and Corporate Crime in Europe by : Judith van Erp

Download or read book The Routledge Handbook of White-Collar and Corporate Crime in Europe written by Judith van Erp and published by Routledge. This book was released on 2015-04-10 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of white-collar crime remains a central concern for criminologists around the world and research concentrates on its nature, prevalence, causes and responses. However, most books on white-collar crime tend to focus on Anglo-American examples, which is surprising given the amount of rich data and research taking place in mainland Europe. This new handbook seeks to reset the balance and, for the first time, presents an overview of state-of-the-art research on white-collar crime in Europe. Adding to the existing Anglo-American body of knowledge, the Handbook will discuss specific European topics and typical European features of white-collar crime. The Routledge Handbook of White-Collar and Corporate Crime in Europe consists of more than thirty chapters on topics ranging from the Icelandic Banking Crisis, to the origins of the study of white collar crime, to contemporary topics, such as white-collar crime in countries post-transition from communist regimes; the illegal e-waste trade and white-collar crime in professional football. Furthermore, the book contains extensive case study analyses of landmark European cases of white-collar crime. The editors have gathered together the leading voices in the field and a final section offers commentaries on white-collar crime in Europe from eminent criminologists David Friedrichs and Hazel Croall. This Handbook will thus serve as a work of reference for all scholars and students engaged in the study of corporate and white-collar crime and will also set out directions for new research in the future.

Defending Checks and Balances in EU Member States

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Author :
Publisher : Springer Nature
ISBN 13 : 366262317X
Total Pages : 478 pages
Book Rating : 4.6/5 (626 download)

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Book Synopsis Defending Checks and Balances in EU Member States by : Armin von Bogdandy

Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.