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The European Court of Human Rights between Law and Politics
provides a comprehensive analysis of the origins and development of
one of the most striking supranational judicial institutions. The
book brings together leading scholars and practitioners to cast new
light on the substantial jurisprudence and ongoing political reform
of the Court. The broad analysis based on historical, legal, and
social science perspectives provides new insights into the
institutional crisis of the Court and identifies the lessons that
can be learned for the future of the European Convention on Human
Rights and Fundamental Freedoms. The European Court of Human Rights
is in many ways is an unparalleled success. The Court embarked,
during the 1970s, upon the development of a progressive and
genuinely European jurisprudence. In the post-Cold War era, it went
from being the guarantor of human rights solely in Western Europe
to becoming increasingly involved in the transition to democracy
and the rule of law in Eastern Europe. Now the protector of the
human rights of some 800 million Europeans from 47 different
countries, the European system is once again deeply challenged -
this time by a massive case load and by the Member States'
increased reluctance towards the Court. This book paves the way for
a better understanding of the system and hence a better basis for
choosing the direction of the next stage of development.
The European Court of Human Rights between Law and Politics
provides a comprehensive analysis of the origins and development of
one of the most striking supranational judicial institutions. The
book brings together leading scholars and practitioners to cast new
light on the substantial jurisprudence and ongoing political reform
of the Court. The broad analysis based on historical, legal, and
social science perspectives provides fresh insights into the
institutional crisis of the Court and the future of the European
Convention on Human Rights and Fundamental Freedoms. The European
Court of Human Rights is in many ways an unparalleled success. The
Court embarked, during the 1970s, upon the development of a
progressive and genuinely European jurisprudence. In the post-Cold
War era, it went from being the guarantor of human rights solely in
Western Europe to becoming increasingly involved in the transition
to democracy and the rule of law in Eastern Europe. Now the
protector of the human rights of some 800 million Europeans from 47
different countries, the European system is once again deeply
challenged - this time by a massive case load and by the Member
States' increased reluctance towards the Court. This book paves the
way for a better understanding of the system and hence a better
basis for choosing the direction of the next stage of the Court's
life.
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