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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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The Theory, Potential and Practice of Procedural Dialogue in the European Convention on Human Rights System (Paperback)
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The Theory, Potential and Practice of Procedural Dialogue in the European Convention on Human Rights System (Paperback)
Series: Human Rights Research Series, 77
Expected to ship within 12 - 17 working days
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Winner of the 2016 Max van der Stoel Human Rights Award.Dialogue is
the new buzzword for the European Convention on Human Rights
(Convention) system. Judges throughout Europe have welcomed and
encouraged dialogue, and references to the notion have become
commonplace at conferences and in academic writing. Yet although
the buzz has intensified, exactly why dialogue can be of added
value is not often examined. Nor do those who rely on the notion
usually explain how exactly it can be operationalised in a
practical sense. This volume dissects the common-sense realisation
that dialogue adds value to the Convention system, within which the
State Parties, the Court, the Committee of Ministers (Committee),
the Parliamentary Assembly (Assembly), and the Commissioner for
Human Rights (Commissioner) interact. The question of why dialogue
should occur is answered through an account of the way the system
is established and how it functions, and of the developments and
reform it has experienced. The second aim of the volume is to
establish whether Convention dialogue does indeed live up to its
potential added value. For this purpose, 26 procedures and
'procedural steps' are investigated in the light of 'indicators of
dialogue'. The procedures include third-party interventions, the
pilot-judgment procedure, and the Committee's Human Rights
meetings. Both the procedures' dialogic potential on paper and
their 'dialogicness' in practice are assessed, based in part on
interviews with inter alia the Court's judges, agents representing
the states before the Court, and persons monitoring the execution
of the Courts judgments. This volume will be of use to those who
are interested in the notion of (Convention) dialogue and its
theoretical underpinnings, and those who would like to know more
about Convention-related procedures, the execution of the Court's
judgments, and the role that the Assembly and the Commissioner can
play in the Convention system.
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