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Books > Law > International law > Public international law > International human rights law
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Fundamental Rights in Europe (Hardcover)
Loot Price: R4,368
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Fundamental Rights in Europe (Hardcover)
Series: Oxford Studies in European Law
Expected to ship within 10 - 15 working days
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The European architecture for the protection of fundamental rights
combines the legal regimes of the states, the European Union, and
the European Convention on Human Rights. The purpose of this book
is to analyse the constitutional implications of this multilevel
architecture and to examine the dynamics that spring from the
interaction between different human rights standards in Europe. The
book adopts a comparative approach, and through a comparison with
the federal system of the United States, it advances an analytical
model that systematically explains the dynamics at play in the
European multilevel human rights architecture. It identifies two
recurrent challenges in the interplay between different state and
transnational human rights standards-a challenge of
ineffectiveness, when transnational law operates as a ceiling of
protection for a specific human right, and a challenge of
inconsistency when transnational law operates as a floor-and
considers the most recent transformations taking place in the
European human rights regime. The book tests the model of
challenges and transformations by examining in depth four case
studies: the right to due process for suspected terrorists, the
right to vote for non-citizens, the right to strike and the right
to abortion. In light of these examples, the book then concludes by
reassessing the main theories on the protection of fundamental
rights in Europe and making the case for a new vision-a
'neo-federal' theory-which is able to frame the dilemmas of
identity, equality and supremacy behind the European multilevel
architecture for the protection of human rights.
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