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Books > Social sciences > Politics & government > Political control & freedoms > Human rights > Civil rights & citizenship
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On the European Court of Human Rights - An Insider's Retrospective (1998-2016) (Hardcover)
Loot Price: R4,259
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On the European Court of Human Rights - An Insider's Retrospective (1998-2016) (Hardcover)
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In this book the author gives his views on the workings of the
European Court of Human Rights (ECHR), where he served as a judge
for 18 years. The book deals with the author's subsequent
successes, defeats and tribulations while attempting to introduce
into the case law of the ECHR his previously well thought-out
theoretical convictions. These convictions can be found in his
essays published in The Owl of Minerva: Essays on Human Rights
(2007) and his dissenting opinions which were published in The
Owlets of Minerva (2011). Based on his many years of experience in
the field, the author examines the dialectic relationship between
the rule of law and law and order; between state and individual;
judicial power of logic vs executive logic of power. These dynamic
contradictions are never resolved. On the contrary, they are the
motor of development and inspire judicial reasoning and the
balancing of justice vis-a-vis power and arbitrariness. In its
almost 60 years of existence, the Court has been at the crossroads
of two disparate modes of legal reasoning, the common law and the
continental legal formalism. The author argues that the cause of
the decline of the Court is its inability to adapt and to adopt
reasoning by analogy. This thought-provoking book is of interest to
academics in the field of law, human rights and constitutionalism.
Click here to read the ECJL interview with Bostjan Zupancic, the
longest-serving judge at the European Court of Human Rights from
1998 to 2016.
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