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This volume offers an up-to-date overview of the much-debated issue of how a democracy may defend itself against those who want to subvert it. The justifications, effectiveness and legal implications of militant democracy are discussed by addressing questions as: How can militant democracy measures such as party bans be justified? Why is it that some democracies ban antidemocratic parties? Does militant democracy succeed in combatting right-wing extremism? And is militant democracy evolving into an internationalized legal and political concept? Bringing together experts and perspectives from political science, law and philosophy, this volume advances our understanding of the current threats to democracy, a political system once thought almost invincible. It is especially timely in the light of the rise of illiberal democracy in the EU, the increasingly authoritarian rule in Turkey, the steady shift to autocracy in Russia and the remarkable election of Trump in the US.
Although the legal problems of the elderly are as old as humankind, they have taken on current prominence for another reason: lifespan has increased markedly in recent years. Persons who would, given their age, have been the elders of the past and would have been expected to be focused on their imminent death are now, as a group, robust and well. They have better survived the ravages of time than have the plans fashioned when life expectancy was much lower. Questions concerning social status, expectations of living standards, general assistance and medical care all have become far more important and considerably more difficult. As life has become longer, and death more controllable, the issu...
This book can be used together with the European Human Rights Case Locator or as a stand-alone volume. This book contains all the cases decided by the court from 1960 to 2000, set out in an informative and easy to read summary form. The majority of the cases have not previously been reported in any UK law report. The cases are listed in alphabetical order and the following information is presented in each case summary: name of the case and case number (from numbering system adopted in European Human Rights Case Locator) law report reference (if it has been reported) date of application to the Commission/Court the date of the Commission report (pre-October 1998 cases) and the date of judgment...
The "European Yearbook" promotes the scientific study of nineteen European supranational organisations and the Organisation for Economic Co-operation and Development (OECD). Each volume contains a detailed survey of the history, structure and yearly activities of each organisation and an up-to-date chart providing a clear overview of the member states of each organisation. In addition, a number of articles on topics of general interest are included in each volume. A general index by subject and name, and a cumulative index of all the articles which have appeared in the "Yearbook," are included in every volume and provide direct access to the "Yearbook"'s subject matter. Each volume contains a comprehensive bibliography covering the year's relevant publications. This is an indispensable work of reference for anyone dealing with the European institutions.
Since 1995, the Nations in Transit series has monitored the status of democratic change from Central Europe to Eurasia and pinpointed for policymakers, researchers, journalists, and democracy advocates alike the greatest reform challenges and reform opportunities facing the countries and territories that make up this vast geographic space. Covering 29 countries and administrative areas, Nations in Transit 2010 provides comparative ratings and in-depth analysis of electoral processes, civil society, independent media, national democratic governance, local democratic governance, judicial framework & independence, and corruption. Freedom House—which for more than a quarter century has rated global political rights and civil liberties in its benchmark Freedom in the World surveys—has developed a ratings system that allows for comparative analysis of reforms. Nations in Transit findings have drawn important linkages between democratic accountability, good governance, and the rule of law. In doing so it has made clear the essential nature of all these elements to the development of stable, free, and prosperous societies. The results are incisive, authoritative, and comprehensive.
This volume of the Yearbook of the European Convention on Human Rights, prepared by the Directorate of Human Rights of the Council of Europe, relates to 2000. Its presentation follows that of previous volumes. Part one contains basic texts and information of a general nature; part two deals with the European Commission of Human Rights; part three with the European Court of Human Rights; part four with the Resolutions of the Committee of Ministers; and parts five and six with the other work of the Council of Europe in the field of human rights, the situation in the Member States, and developments within the European Communities. A bibliography and index are included. Ce volume de l'Annuaire d...
Arbitrary arrest and detention have been the most consistent violations of fundamental individual human rights throughout history. The world's major criminal justice systems reveal the historical struggle between monarchs and dictators on the one hand, and advocates of the supremacy of the rule of law on the other. This struggle has been over the power to arbitrarily arrest and detain persons whether they be accused of common or polical crimes. Preventive Detention: A Comparative and International Law Perspective seeks to reconcile theory and practice by selecting studies representing different legal systems, thus advancing the multi-disciplinary understanding of the application of international and regional human rights norms in criminal justice systems.
In an article in 2001 the author analyzed the way Fidesz, the party on government for the first time then, was eliminating the institutional system of the rule of law. At that time, many readers doubted the legitimacy of the new approach, whose key categories were the 'organized over-world', the 'state employing mafia methods' and the 'adopted political family'. Critics considered these categories metaphors rather than elements of a coherent conceptual framework. Ten years later Fidesz won a two-third majority in Parliament at the 2010 elections: the institutional obstacles of exerting power were thus largely removed. Just like the party, the state itself was placed under the control of a si...