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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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Can the European Court of Human Rights Shape European Public Order? (Hardcover)
Loot Price: R2,917
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Can the European Court of Human Rights Shape European Public Order? (Hardcover)
Series: Cambridge Studies in European Law and Policy
Expected to ship within 12 - 17 working days
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In this book, Kanstantsin Dzehtsiarou argues that, from the legal
perspective, the formula 'European public order' is excessively
vague and does not have an identifiable meaning; therefore, it
should not be used by the European Court of Human Rights (ECtHR) in
its reasoning. However, European public order can also be
understood as an analytical concept which does not require a
clearly defined content. In this sense, the ECtHR can impact
European public order but cannot strategically shape it. The
Court's impact is a by-product of individual cases which create a
feedback loop with the contracting states. European public order is
influenced as a result of interaction between the Court and the
contracting parties. This book uses a wide range of sources and
evidence to substantiate its core arguments: from a comprehensive
analysis of the Court's case law to research interviews with the
judges of the ECtHR.
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