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Books > Humanities > Philosophy > Topics in philosophy > Social & political philosophy
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A Cosmopolitan Legal Order - Kant, Constitutional Justice, and the European Convention on Human Rights (Hardcover)
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A Cosmopolitan Legal Order - Kant, Constitutional Justice, and the European Convention on Human Rights (Hardcover)
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In this book, Stone Sweet and Ryan provide an accessible
introduction to Kantian constitutional theory and the law and
politics of European rights protection. Part I sets out Kant's
blueprint for achieving Perpetual Peace and constitutional justice
within and beyond the nation state. Part II applies these ideas to
explain the gradual constitutionalization of a Cosmopolitan Legal
Order: a transnational legal system in which justiciable rights are
held by individuals; where public officials bear the obligation to
fulfil the fundamental rights of all who come within the scope of
their jurisdiction; and where domestic and transnational judges
supervise how officials act. Such an order was instantiated in
Europe through the combined effects of Protocol no. 11 (1998) to
the ECHR and the incorporation of the Convention into national law.
The authors then describe and assess the strengthening of the
European Court's capacities to meet the challenge of chronic
failures of protection at the domestic level; its progressive
approach to the "qualified" rights covering privacy and family
life, and the freedoms of expression, conscience, and religion; the
robust enforcement of the "absolute" rights, including the
prohibition of torture and inhuman treatment; and its determined
efforts to render justice to all people that come under its
jurisdiction, including non-citizens whose rights are violated
beyond Europe. Today, the Strasbourg Court is the most active and
important rights-protecting court in the world, its jurisprudence a
catalyst for the construction of a cosmopolitan constitution in
Europe and beyond.
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