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The International Human Rights Judiciary and National Parliaments
The emerging international human rights judiciary (IHRJ) threatens national democratic processes and 'hollows out' the scope of domestic and democratic decision-making, some argue. This new analysis confronts this head on by examining the interplay between national parliaments and the IHRJ, proposing that it advances parliament's efforts. Taking Europe and the European Court of Human Rights as its focus - drawing on theory, doctrine and practice - the authors answer a series of key questions. What role should parliaments play in realising human rights? Which factors influence the effects of the IHRJ on national parliaments' efforts? How can the IHRJ adjust its influence on parliamentary process? And what triggers the backlash against the IHRJ from parliaments and when? Here, the authors lay foundations for better informed scholarship and legal practice in the future, as well as a better understanding of how to improve the effectiveness and validity of the IHRJ.
The Legitimacy of International Human Rights Regimes
This book traverses the disciplines of law, political philosophy and international relations in assessing the normative legitimacy of international human rights regimes.
Constituting Europe
An assessment of the European Court of Human Rights at the national, European and international levels.
Politics, Products, and Markets
In contemporary life, the marketplace has emerged as an important arena for the practice of politics. Concerns about personal and family well-being as well as ethical or political assessment of favorable and unfavorable business and government practices become part and parcel of the marketplace of politics. This volume describes this phenomenon as political consumerism, reflecting an understanding of politics as a product embedded in a complex social and normative context. Politics, Products, and Markets is the first general study of political consumerism. It asks fundamental questions, including what is new and what is old about the phenomenon. The authors discuss the mediating role of poli...
Political Theory and the European Constitution
In June 2003, the Convention on the Future of Europe released what may become the Constitution of the European Union. This timely volume provides one of the first critical assessments of the draft Constitution from the vantage point of political theory. The work combines detailed institutional analysis with normative political theory, bringing theoretical analysis to bear on the pressing issues of institutional design answered - or bypassed - by the draft Constitution. It addresses several themes that play out differently in federal arrangements than in unitary political orders: * European values, especially the legitimate role of alleged common values * liberty and powers - how does the draft Constitution address competing normative preferences? * the European interest: the noble words regarding common European objectives and values are often muddled or conflated, different actors intending quite different things. Several chapters contribute to clarifying the different senses of these terms.
Democracy and the European Union
The European Union is a new subject for theories of legitimacy, posing fundamental questions to the established concepts and principles of democratic theory. General compliance and popular acceptance and respect for European law is at stake. The volume addresses the main challenges of the European Union to democratic theory. The legitimacy of such transnational institutions born by political integration has so far received some but scant attention. The mere existence of the Union proves that the sovereign state cannot remain the sole focus of normative reflection. Indeed, the very conception of sovereignty is at stake. The present volume combines political science and normative political theory to offer concepts, arguments and criteria that further these debates, addressing problems of principle.
Legitimacy and International Courts
One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
Customary International Law and Its Interpretation by International Courts: Volume 3
It is notorious that international courts and tribunals have greatly contributed to the development of customary international law (CIL) by, for instance, articulating the constituent elements of custom and clarifying the conditions required for its modification. This volume demonstrates that they have also been actively engaged in the interpretation of CIL. In elucidating CIL interpretation before and by international courts and tribunals, the volume chooses three focal points: theory, method and normative interactions. Viewing CIL and its interpretation from these vantage points leads to a more complete picture of the role and function of CIL interpretation in international courts. The volume encourages readers to question orthodox theories on CIL and its interpretation, to look anew at what has long been labelled mere identification of custom, and to take a systemic approach to CIL, which, even in the process of interpretation, remains unwaveringly connected to treaties and general principles of law.
