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Constructing the Democratic Foundations of the European Convention on Human Rights


ISBN13: 9781138641037
Published: October 2016
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £125.00



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The European Convention of Human Rights (ECHR) has been relatively neglected in the field of normative human rights theory. This book aims to bridge the gap between human rights theory and the practice of the ECHR. In order to do so it tests the two overarching approaches in human rights theory literature, the moral and the political, against the practice of the ECHR ‘system. The book also addresses the history of the ECHR and the European Court of Human Rights (ECtHR) as an international legal and political institution.

The book offers a democratic defense of the ECtHR’s authority. It illustrates how a conception of democracy – more specifically, the egalitarian argument for democracy developed by Thomas Christiano on the domestic level – can illuminate the reasoning of the Court including the allocation of the margin of appreciation on a significant number of issues. Alain Zysset argues that the justification of the ECtHR’s authority, its prominent status in the domestic legal orders reinforces the democratic process within State Parties and thereby consolidating our status as political equals in those legal and political orders.

Subjects:
Human Rights and Civil Liberties
Contents:
1. Introduction
2. The Short History of International Human Rights
3. The Long History of (Human) Rights
4. Ethical Theories and Their Practice-Independence
5. Political Theories and Their Practice-Dependence
6. Theorizing Human Rights: A Constructivist Proposal
7. The ECHR in Historical Perspective
8. The Normativity of ECHR Law
9. Interpretation at the ECtHR: Setting the Stage
10. Balancing and Justification at the ECtHR: The Pivotal Concept of ‘Democratic Necessity'
11. Conclusion: Consolidating Sovereignty, Equality and Agency

Series: Routledge Research in Human Rights Law

The Law and Practice of the European Social Committee ISBN 9780415834650
To be published December 2023
Routledge
£85.00
Jurisdiction, Immunity and Transnational Human Rights Litigation ISBN 9780415666381
To be published December 2023
Routledge
£105.00
The Human Rights Approach to Disability: Cases and Materials ISBN 9781138799080
To be published December 2022
Routledge
£90.00
Capturing Caste in Law: The Legal Regulation of Caste Discrimination ISBN 9781138807761
To be published January 2022
Routledge
£120.00
Executive Clemency: Comparative and Empirical Perspectives (eBook) ISBN 9781000082258
Published July 2020
Routledge
£30.83
(ePub)
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Executive Clemency: Comparative and Empirical Perspectives ISBN 9780367243579
Published July 2020
Routledge
£120.00
Human Rights and America's War on Terror ISBN 9780367499037
Published February 2020
Routledge
£36.99
Critical Indigenous Rights Studies ISBN 9780367481353
Published January 2020
Routledge
£36.99
Criminal Theory and International Human Rights Law ISBN 9780367182274
Published October 2019
Routledge
£120.00
Criminal Punishment and Human Rights: Convenient Morality (eBook) ISBN 9780429861475
Published March 2019
Routledge
£30.83
(ePub)
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Criminal Punishment and Human Rights: Convenient Morality ISBN 9781138625792
Published March 2019
Routledge
£120.00
Civil and Political Rights in Japan: A Tribute to Sir Nigel Rodley (eBook) ISBN 9781351180016
Published February 2019
Routledge
£30.83
(ePub)
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Civil and Political Rights in Japan: A Tribute to Sir Nigel Rodley ISBN 9780815385844
Published February 2019
Routledge
£120.00
Human Rights in the Media: Fear and Fetish (eBook) ISBN 9781317239482
Published January 2019
Routledge
£30.83
(ePub)
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Human Rights in the Media: Fear and Fetish ISBN 9781138645813
Published January 2019
Routledge
£120.00
Critical Indigenous Rights Studies (eBook) ISBN 9781351747554
Published August 2018
Routledge
£30.83
(ePub)
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Critical Indigenous Rights Studies ISBN 9781138729339
Published August 2018
Routledge
£120.00
£42.99
Developing the Right to Social Security: A Gender Perspective ISBN 9780815354598
Published January 2018
Routledge
£42.99
Freedom from Religion and Human Rights Law ISBN 9781138632967
Published November 2017
Routledge
£125.00
£32.49
(ePub)
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The Istanbul Convention, Domestic Violence and Human Rights ISBN 9781138953673
Published April 2017
Routledge
£130.00
£125.00
Out of print
Care, Migration and Human Rights: Law and Practice ISBN 9781138701847
Published January 2017
Routledge
£44.99
Resolving Conflicts between Human Rights: The Judge's Dilemma ISBN 9781138658011
Published November 2016
Routledge
£125.00
Resolving Conflicts between Human Rights: The Judge's Dilemma (eBook) ISBN 9781317218678
Published November 2016
Routledge
£32.49
(ePub)
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£46.99
Developing the Right to Social Security: A Gender Perspective ISBN 9781138120112
Published June 2016
Routledge
£125.00
£35.82
(ePub)
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Nomadic Peoples and Human Rights ISBN 9781138666498
Published March 2016
Routledge
£42.99
£125.00
£35.82
(ePub)
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£125.00
Care, Migration and Human Rights: Law and Practice (eBook) ISBN 9781317646037
Published February 2015
Routledge
£37.49
(ePub)
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Care, Migration and Human Rights: Law and Practice ISBN 9781138792869
Published February 2015
Routledge
£125.00
China's Human Rights Lawyers and Contemporary Chinese Law ISBN 9780415870849
Published December 2014
Routledge
£125.00
China's Human Rights Lawyers and Contemporary Chinese Law (eBook) ISBN 9781134450688
Published December 2014
Routledge
£33.32
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£39.16
(ePub)
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£125.00
£34.99
Human Rights Law and Personal Identity ISBN 9780415529723
Published June 2014
Routledge
£125.00
Human Rights Law and Personal Identity (eBook) ISBN 9781134443338
Published June 2014
Routledge
£35.82
(ePub)
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Nomadic Peoples and Human Rights (eBook) ISBN 9781136020247
Published April 2014
Routledge
£35.82
(ePub)
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Nomadic Peoples and Human Rights ISBN 9780415526968
Published April 2014
Routledge
£125.00
Litigating Transnational Human Rights Obligations (eBook) ISBN 9781135121129
Published October 2013
Routledge
£32.49
(ePub)
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Litigating Transnational Human Rights Obligations ISBN 9780415858113
Published October 2013
Routledge
£130.00
Regulating Corporate Human Rights Violations: Humanizing Business ISBN 9780415715270
Published July 2013
Routledge
£46.99
£125.00
£29.16
(ePub)
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The EU as a ‘Global Player’ in Human Rights?
Edited by: Jan Wetzel
ISBN 9780415587051
Published February 2012
Routledge
£125.00
The EU as a ‘Global Player’ in Human Rights? (eBook)
Edited by: Jan Wetzel
ISBN 9781136455292
Published February 2012
Routledge
£29.16
(ePub)
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£39.16
(ePub)
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Regulating Corporate Human Rights Violations: Humanizing Business ISBN 9780415668217
Published January 2012
Routledge
£125.00
Human Rights Monitoring Mechanisms of the Council of Europe ISBN 9780415581622
Published July 2011
Routledge
£125.00
Human Rights Monitoring Mechanisms of the Council of Europe (eBook) ISBN 9781136667930
Published July 2011
Routledge
£32.49
(ePub)
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