Conflicts of Rights in the European Union - A Theory of Supranational Adjudication (Hardcover, New)

Underlying the protection of human rights in Europe is a complex network of overlapping legal systems - domestic, EU, and ECHR. This book focuses on the potential for conflict to emerge between the systems where rights overlap and interpretations in different courts begin to diverge.
From the perspective of EU law, where the interpretation of rights differs national courts are asked to renounce the constitutional scope of protection, and the interpretations of the European Court of Human Rights, in favor of the scope defined by the European Court of Justice. From the perspective of the ECHR, the European Court of Human Rights is the ultimate authority on rights protection in Europe. This work presents a theory of supranational judicial authority to confront this problem, grounded in an ideal of judicial dialogue. It represents the first attempt to provide a thorough theoretical account of the value of judicial dialogue, and its potential for legitimating judicial decision-making at an international level.
Combining theoretical rigor with attention to the practicalities of European human rights law, the book will be accessible to a broad readership of legal theorists, EU lawyers and judges involved in building inter-judicial dialogue.

General

Imprint:	Oxford UniversityPress
Country of origin:	United Kingdom
Series:	Oxford Studies in European Law
Release date:	September 2009
First published:	November 2009
Authors:	Aida Torres Perez
Dimensions:	241 x 162 x 19mm (L x W x T)
Format:	Hardcover
Pages:	224
Edition:	New
ISBN-13:	978-0-19-956871-0
Categories:	Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law Books > Law > International law > Public international law > International human rights law Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General Promotions
LSN:	0-19-956871-5
Barcode:	9780199568710

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