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The Legal Culture of the European Court of Human Rights
  • Language: en
  • Pages: 225

The Legal Culture of the European Court of Human Rights

Without understanding the legal culture of the judges a full understanding of Strasbourg's rulings seems hardly possible. Through interviews, field observations and case law analysis, this book fills this need and offers a fresh approach towards convergence in Europe.

The European Human Rights Culture - A Paradox of Human Rights Protection in Europe?
  • Language: en
  • Pages: 309

The European Human Rights Culture - A Paradox of Human Rights Protection in Europe?

  • Categories: Law

The European Human Rights Culture – A Paradox of Human Rights Protection in Europe? analyses the political term “European Human Rights Culture”, a term first introduced by EU Commission President Barroso. Located in the fields of comparative law and European law, this book analyses, through first-hand interviews with the European judiciary, the judicial perspective on the European human rights culture and sets this in context to the political dimension of the term. In addition, it looks at the structures and procedures of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), and explains the embedding of the Courts’ legal cultures. It offer...

The Human Rights Culture
  • Language: en
  • Pages: 239

The Human Rights Culture

Lawrence M. Friedman's newest book explores the sheer phenomenon of a near-global arc favoring the idea, and sometimes even the practice, of human rights. Not the usual legal or philosophical examination of rights, this book instead asks: Why is it--as a social and historical matter--that rights discourse is so prevalent and compelling to the current world?"Reams of books and articles have been written about human rights, but THE HUMAN RIGHTS CULTURE is unique. It is the first comprehensive, sociological study of human rights in the contemporary period. With his characteristic erudition and graceful style, Lawrence Friedman addresses all the central topics: women's rights, minority rights, p...

The Council of Europe
  • Language: en
  • Pages: 1057

The Council of Europe

  • Categories: Law

The Council of Europe plays a pivotal role in the promotion and protection of human rights in Europe, yet its work is often little understood. This volume provides a comprehensive analysis of the work of the Council of Europe and the legal framework within which it operates.

Towards Recognition of Minority Groups
  • Language: en
  • Pages: 294

Towards Recognition of Minority Groups

  • Categories: Law
  • Type: Book
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  • Published: 2016-02-24
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  • Publisher: Routledge

This volume analyses current debates concerning problems in the nature, justification, and legal protection of human rights for minorities, with reference to the issues surrounding social milieu as a source of any legitimized law, which is in itself in need of legal recognition as well as being an object of legal protection. With contributions from a global network of scientists across several continents, the work examines the debate dedicated to the understanding of the normative framework, expressed in terms of human rights that guarantee autonomous action in public and private for minority groups as well as individuals. The chapters go on to study the particular claims that need to be aud...

Multicentrism as an Emerging Paradigm in Legal Theory
  • Language: en
  • Pages: 316

Multicentrism as an Emerging Paradigm in Legal Theory

  • Type: Book
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  • Published: 2009
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  • Publisher: Peter Lang

The contemporary legal theory is gradually departing from traditional theory of the hierarchical legal system. Some authors announce the supposed death of the concept of law within the state. The so-called multicentrism might become an attractive alternative to the traditional monocentric approach. The essence of multicentrism may be characterized as coexistence of many adjudicating bodies, especially courts, whose verdicts are equally effective within the national legal system. Such a situation takes place e. g. within the European legal area where multicentrism could be perceived as the existence of «sensitive» liaisons, entanglements and relations of dependence between the European Court of Human Rights in Strasbourg, the European Court of Justice in Luxemburg and national (especially constitutional) courts in member states. The coexistence of many centres of adjudication may thus become a constant feature of the system of regional and global law.

The Utopian Human Right to Science and Culture
  • Language: en
  • Pages: 232

The Utopian Human Right to Science and Culture

  • Type: Book
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  • Published: 2016-03-03
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  • Publisher: Routledge

This book explores the question of whether the ideal right to science and culture exists. It proposes that the human right to science and culture is of a utopian character and argues for the necessity of the existence of such a right by developing a philosophical project situated in postmodernity, based on the assumption of ’thinking in terms of excendence’. The book brings a novel and critical approach to human rights in general and to the human right to science and culture in particular. It offers a new way of thinking about access to knowledge in the postanalogue, postmodern society. Inspired by twentieth-century critical theorists such as Levinas, Gadamer, Bauman and Habermas, the bo...

Judicial Covergence and Fragmentation in International Human Rights Law
  • Language: en
  • Pages: 307

Judicial Covergence and Fragmentation in International Human Rights Law

  • Categories: Law

An assessment of judicial convergence and fragmentation in international human rights law and their legal and non-legal triggering factors.

Between Forbearance and Audacity
  • Language: en
  • Pages: 275

Between Forbearance and Audacity

  • Categories: Law

Explains why international courts underutilize their power and traces how this impacts international norms through legal and social science-based analyses.

Shifting Centres of Gravity in Human Rights Protection
  • Language: en
  • Pages: 208

Shifting Centres of Gravity in Human Rights Protection

  • Categories: Law
  • Type: Book
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  • Published: 2016-02-26
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  • Publisher: Routledge

The protection of human rights in Europe is currently at a crossroads. There are competing processes which push and pull the centre of gravity of this protection between the ECHR system in Strasbourg, the EU system in Luxemburg and Brussels, and the national protection of human rights. This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. T...