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This insightful book offers a critical reflection on the
sustainability and effectiveness of the Universal Declaration of
Human Rights (UDHR) and its legacy over the last 70 years.
Exploring the problems surrounding universality, proliferation and
costs, it asks the provocative question, can we still afford human
rights? Expert contributors illustrate the interdependence between
these three key issues in an unprecedented way, addressing many of
the contemporary criticisms voiced against the human rights system
and the reasons for popular skepticism about human rights. In order
to interrogate the deficiencies of the UDHR, chapters analyse the
following questions: Can and should we keep claiming that human
rights are universal? Is their proliferation rendering human rights
meaningless? And have human rights become too costly? The book
concludes that there is a pressing need for a renewed and lasting
commitment to human rights. We cannot afford not to afford human
rights. This book will be a valuable resource for academics and
students of international relations, the political sciences and
comparative legal studies. Covering policy and advocacy issues as
well as the evolution of case law regarding particular human
rights, it will also be beneficial for policy-makers and human
rights practitioners.
For some time now, the European Court of Human Rights is under
substantial pressure. From a case overload crisis it stumbled into
a legitimacy crisis with regard to certain countries. This should
be taken seriously, since scholars warn that institutions with
eroding legitimacy risk demise or reform. The goal of this volume
is to explore how widespread this critical attitude of the European
Court of Human Rights really is. It also assesses to what extent
such criticism is being translated in strategies at the political
level or at the judicial level and brings about concrete changes in
the dynamics between national and European fundamental rights
protection. The book is topical and innovative, as these questions
have so far remained largely unexplored, especially
cross-nationally.Far from focusing exclusively on those voices that
are currently raised so loud, conclusions are based on comparative
in-depth reports, covering fifteen Contracting Parties and the EU.
Compiling a liber amicorum is always a difficult exercise. Not only
because it is not easy to choose the authors from amongst the many
friends of the one being celebrated, but also because it is often
difficult to align the theme and style of the contributions
offered. While one friend enjoys collecting amusing, but not always
very relevant, memories for the reader, the other exhausts
himself/herself in an extensive legal-technical argument. While one
contributes to a classical and sometimes segmented theme, the other
writes a contribution on a niche topic from an already niche area.
This tribute avoids the classic pitfalls and contains contributions
that are focused on human rights, in all their diversity, but with
a strong emphasis on the European Convention on Human Rights. The
aim of the book was to meet the highest academic standards, as Paul
Lemmens has always embodied them. The well-renowned group of
international authors already guarantees that quality. But this
work is also, primarily, a Festschrift, with each contribution
having a clear link to Paul Lemmens. Many authors make this link
explicit, while others do this more implicitly, by dealing with a
theme that they know Paul takes to heart. It is obvious that the
contributors express great appreciation of Paul Lemmens. The image
of Paul as known and appreciated by his friends and colleagues
emerges from the collected contributions: that of an excellent and
knowledgeable lawyer, but especially that of a warm and committed
person. Few people may know that Judge and Professor Lemmens is a
big fan of the American rock star Bruce Springsteen. The (sub)
title of this book is gratefully derived from one of his albums,
Human Touch. Indeed, there is no better way to describe Paul's
relationship with human rights than "Human Rights with a Human
Touch".
The Belgian Constitution, once described as a model of consensus
democracy, has now become an enigma in comparative federalism. On
the one hand, it demonstrates features which suggest institutional
instability as well as elements that enhance the probability of
secession. On the other hand, Belgium continues to exist as a
federal system, based upon linguistic bipolarity. This linguistic
bipolarity dominates Belgian politics and has shaped the design of
Belgium's institutions as well as the Constitution's fundamental
organising principles: concepts of federalism, democracy,
separation of powers, constitutionalism and the rule of law. In
this book, the institutional structure and the principles governing
the Belgian constitutional system are explained in the light of its
historical, demographic and political context. Linguistic
bipolarity and its historical evolution explain the establishment
of the Belgian State structure as a dual federalism, with exclusive
powers, instruments for consensus making and obstruction, and
elements of confederal decision making. It also explains the
evolution in the concept of principles of democracy and the rule of
law. Besides describing the devolutionary process, the book also
incorporates two other elements that have shaped the Belgian
constitutional landscape: fundamental rights and Europeanisation.
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