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The Right to Political Participation - A Study of the Judgments of the European and Inter-American Courts of Human Rights (Hardcover)
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The Right to Political Participation - A Study of the Judgments of the European and Inter-American Courts of Human Rights (Hardcover)
Series: Comparative Constitutional Change
Expected to ship within 10 - 15 working days
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This book provides a comparative analysis of how judgments from the
European Court of Human Rights (ECtHR) and the Inter-American Court
of Human Rights (IACtHR) affect political participation and
electoral justice at the national level. Looking at specific
countries, the work analyses the legal impact the implementation of
the ECtHR and the IACtHR judgments has, with a specific focus on
cases in which the regional court concerned uses the "democratic
argument," that is, an argument related to democracy and political
rights. The reasoning is that, although democracy is a much wider
concept, judgments concerning violations of political rights and
electoral justice provide reliable indicators to assess the status
and sustainability of democracy in a State. Moreover, the analysis
of the violations of political rights and electoral justice allows
an in-depth comparison between the two regional human rights
systems. Mindful of the broader scope of the fall-out generated by
the non-implementation of judgments, including in socio-economic
terms, the book includes a section exploring how judgments issued
by the ECtHR and the IACtHR affect voters' participation in the
countries under their jurisdiction. To this end, an original
dataset including the 47 Member States of the Council of Europe and
the 20 countries which recognised the adjudicatory jurisdiction of
the IACtHR is built. Multidisciplinary in aim and scope of
analysis, the book will be an invaluable resource for researchers,
academics, and policy-makers working in the areas of constitutional
law, international human rights law, and political economy.
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