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This book provides a comparative analysis of how judgments from the
European Court of Human Rights (ECtHR) and the Inter-American Court
of Human Rights (IACtHR) affect political participation and
electoral justice at the national level. Looking at specific
countries, the work analyses the legal impact the implementation of
the ECtHR and the IACtHR judgments has, with a specific focus on
cases in which the regional court concerned uses the “democratic
argument,” that is, an argument related to democracy and
political rights. The reasoning is that, although democracy is a
much wider concept, judgments concerning violations of political
rights and electoral justice provide reliable indicators to assess
the status and sustainability of democracy in a State. Moreover,
the analysis of the violations of political rights and electoral
justice allows an in-depth comparison between the two regional
human rights systems. Mindful of the broader scope of the fall-out
generated by the non-implementation of judgments, including in
socio-economic terms, the book includes a section exploring how
judgments issued by the ECtHR and the IACtHR affect voters’
participation in the countries under their jurisdiction. To this
end, an original dataset including the 47 Member States of the
Council of Europe and the 20 countries which recognised the
adjudicatory jurisdiction of the IACtHR is built. Multidisciplinary
in aim and scope of analysis, the book will be an invaluable
resource for researchers, academics, and policy-makers working in
the areas of constitutional law, international human rights law,
and political economy.
This book provides a comparative analysis of how judgments from the
European Court of Human Rights (ECtHR) and the Inter-American Court
of Human Rights (IACtHR) affect political participation and
electoral justice at the national level. Looking at specific
countries, the work analyses the legal impact the implementation of
the ECtHR and the IACtHR judgments has, with a specific focus on
cases in which the regional court concerned uses the "democratic
argument," that is, an argument related to democracy and political
rights. The reasoning is that, although democracy is a much wider
concept, judgments concerning violations of political rights and
electoral justice provide reliable indicators to assess the status
and sustainability of democracy in a State. Moreover, the analysis
of the violations of political rights and electoral justice allows
an in-depth comparison between the two regional human rights
systems. Mindful of the broader scope of the fall-out generated by
the non-implementation of judgments, including in socio-economic
terms, the book includes a section exploring how judgments issued
by the ECtHR and the IACtHR affect voters' participation in the
countries under their jurisdiction. To this end, an original
dataset including the 47 Member States of the Council of Europe and
the 20 countries which recognised the adjudicatory jurisdiction of
the IACtHR is built. Multidisciplinary in aim and scope of
analysis, the book will be an invaluable resource for researchers,
academics, and policy-makers working in the areas of constitutional
law, international human rights law, and political economy.
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