|
Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Family law
Modern family life exhibits a huge variety of new forms. Legal
responses to these new forms illustrate the continuing differences
between European nations. Nonetheless, the Strasbourg Court has
been increasingly active in this area, which provides fertile
ground for testing the legitimacy of the Court's interpretation of
the European Convention on Human Rights. When national law refuses
to recognize a claimed right, litigants regularly reassert that
right before the Strasbourg Court. This has forced it to seek
answers to complex domestic controversies, such as the legal
recognition for same-sex partners and transgender persons, the
ethics of adoption and reproductive rights, the legal regime for
cohabitants, or the accommodation of immigrants' aspiration to
family reunion. Placing family rights at the core of the judicial
legitimacy debate, this book provides a critical analysis of the
standards of family rights protection under the Convention. It
evaluates the Court's interpretive methodology and discusses the
tensions inherent in its supranational quasi-constitutional
function. These include the risk of excessive deference to national
authorities, at the expense of the effective enforcement of
universal rights; the addition of 'new rights'; and inattention to
the division of responsibilities between democratic processes
within sovereign States and the subsidiary international review.
|
You may like...
Algae
Yee Keung Wong
Hardcover
R2,903
Discovery Miles 29 030
|