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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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The European Court of Human Rights in the Post-Cold War Era - Universality in Transition (Hardcover, New)
Loot Price: R4,729
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The European Court of Human Rights in the Post-Cold War Era - Universality in Transition (Hardcover, New)
Series: Routledge Research in Human Rights Law
Expected to ship within 12 - 17 working days
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The European Court of Human Rights has been a vital part of
European democratic consolidation and integration for over half a
century, setting meaningful standards and offering legal remedies
to the individually repressed, the politically vulnerable, and the
socially excluded. After their emancipation from Soviet influence
in the 1990s, and with membership of the European Union in mind for
many, the new democracies of central and eastern Europe flocked to
the Convention system. However, now the gold rush' is over, the
Court's position in the New Europe' is under threat. Its ability to
decide cases promptly is almost fatally compromised, and the reform
of its institutional architecture is effectively blocked by Russia.
The time is right to take stock, to benefit from hindsight, and to
consider how the Court can respond to the situation. This book
examines the case law of the European Court of Human Rights with
particular reference to democratic transitions in Europe and the
consequent enlargement of the European Convention system. Focusing
firmly on the substantive jurisprudence of the Court, the book
analyses how it has responded to the difficult and distinct
circumstances presented by the new Contracting Parties. Faced with
different stages of, and commitments to, democratic transition, how
has the Court reacted to such diversity whilst maintaining the
universality of human rights -- and how is this reflected in its
judgments? The book tackles this question by matching rigorous
doctrinal analysis of the case law with new developments in
critical thinking. The cases are viewed through the prism of
jurisprudence and political philosophy, with links made to European
political integration and other international human rights systems.
The book offers an original explanation of the Court's predicament
by drawing upon thick' and thin' notions of morality and tying this
to notions of essential contestability.
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