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The European Court of Human Rights in the Post-Cold War Era: Universality in Transition


ISBN13: 9781138809659
Published: June 2014
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2012)
Price: £34.99
Hardback edition , ISBN13 9780415544337



Despatched in 4 to 6 days.

The European Court of Human Rights has been a vital part of European democratic consolidation and integration for over half a century, setting meaningful standards and offering legal remedies to the individually repressed, the politically vulnerable, and the socially excluded.

After their emancipation from Soviet influence in the 1990s, and with membership of the European Union in mind for many, the new democracies of central and eastern Europe flocked to the Convention system. However, now the ‘gold rush’ is over, the Court’s position in the ‘New Europe’ is under threat.

Its ability to decide cases promptly is almost fatally compromised, and the reform of its institutional architecture is effectively blocked by Russia. The time is right to take stock, to benefit from hindsight, and to consider how the Court can respond to the situation.

This book examines the case law of the European Court of Human Rights with particular reference to democratic transitions in Europe and the consequent enlargement of the European Convention system. Focusing firmly on the substantive jurisprudence of the Court, the book analyses how it has responded to the difficult and distinct circumstances presented by the new Contracting Parties. Faced with different stages of, and commitments to, democratic transition, how has the Court reacted to such diversity whilst maintaining the universality of human rights – and how is this reflected in its judgments?

The book tackles this question by matching rigorous doctrinal analysis of the case law with new developments in critical thinking. The cases are viewed through the prism of jurisprudence and political philosophy, with links made to European political integration and other international human rights systems. The book offers an original explanation of the Court’s predicament by drawing upon ‘thick’ and ‘thin’ notions of morality and tying this to notions of essential contestability.

Subjects:
Human Rights and Civil Liberties
Contents:
1. Introduction

Part 1: Concepts – Delimiting the Problem: Democratic Transition and Enlargement
2. Enlargement
3. Decommunisation and Transitional Justice
4. Universality

Part 2: Cases – Democratic Transition and Enlargement: Background and Key Cases
5. The European Court of Human Rights and Transitional Policies
6. The European Court of Human Rights and Democratic Rights in the Transitional Context

Part 3: Conclusions
7. Institutional Consolidation and Judicial Responses: A Delicate Interplay
8. Universality and Democracy as Essentially Contested Concepts
9. Conclusion: After the Gold Rush

Series: Routledge Research in Human Rights Law

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 2023
Routledge
£90.00
The Law and Practice of the European Social Committee ISBN 9780415834650
To be published December 2023
Routledge
£85.00
Decisional Privacy and the Rights of the Child ISBN 9781032123462
To be published October 2022
Routledge
£120.00
Civilian Drones, Visual Privacy and EU Human Rights Law ISBN 9781032183725
Published July 2022
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£120.00
Executive Clemency: Comparative and Empirical Perspectives (eBook) ISBN 9781000082258
Published July 2020
Routledge
£33.29
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Executive Clemency: Comparative and Empirical Perspectives ISBN 9780367243579
Published July 2020
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£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
£35.99
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Criminal Punishment and Human Rights: Convenient Morality ISBN 9781138625792
Published March 2019
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£120.00
Civil and Political Rights in Japan: A Tribute to Sir Nigel Rodley (eBook) ISBN 9781351180016
Published February 2019
Routledge
£30.83
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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
£35.99
(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 ISBN 9781138729339
Published August 2018
Routledge
£120.00
Critical Indigenous Rights Studies (eBook) ISBN 9781351747554
Published August 2018
Routledge
£30.83
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Developing the Right to Social Security: A Gender Perspective ISBN 9780815354598
Published January 2018
Routledge
£42.99
£42.99
Freedom from Religion and Human Rights Law ISBN 9781138632967
Published November 2017
Routledge
£125.00
The Istanbul Convention, Domestic Violence and Human Rights ISBN 9781138953673
Published April 2017
Routledge
£130.00
£32.49
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Out of print
£130.00
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 (eBook) ISBN 9781317218678
Published November 2016
Routledge
£32.49
(ePub)
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Resolving Conflicts between Human Rights: The Judge's Dilemma ISBN 9781138658011
Published November 2016
Routledge
£125.00
£46.99
Developing the Right to Social Security: A Gender Perspective ISBN 9781138120112
Published June 2016
Routledge
£130.00
£38.69
(ePub)
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Nomadic Peoples and Human Rights ISBN 9781138666498
Published March 2016
Routledge
£42.99
£130.00
£38.69
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£125.00
Care, Migration and Human Rights: Law and Practice ISBN 9781138792869
Published February 2015
Routledge
£130.00
Care, Migration and Human Rights: Law and Practice (eBook) ISBN 9781317646037
Published February 2015
Routledge
£40.49
(ePub)
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China's Human Rights Lawyers and Contemporary Chinese Law ISBN 9780415870849
Published December 2014
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£130.00
China's Human Rights Lawyers and Contemporary Chinese Law (eBook) ISBN 9781134450688
Published December 2014
Routledge
£35.99
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£42.29
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£125.00
£34.99
Human Rights Law and Personal Identity (eBook) ISBN 9781134443338
Published June 2014
Routledge
£38.69
(ePub)
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Human Rights Law and Personal Identity ISBN 9780415529723
Published June 2014
Routledge
£125.00
Nomadic Peoples and Human Rights ISBN 9780415526968
Published April 2014
Routledge
£125.00
Nomadic Peoples and Human Rights (eBook) ISBN 9781136020247
Published April 2014
Routledge
£38.69
(ePub)
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Litigating Transnational Human Rights Obligations ISBN 9780415858113
Published October 2013
Routledge
£130.00
Litigating Transnational Human Rights Obligations (eBook) ISBN 9781135121129
Published October 2013
Routledge
£35.09
(ePub)
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Regulating Corporate Human Rights Violations: Humanizing Business ISBN 9780415715270
Published July 2013
Routledge
£46.99
£31.49
(ePub)
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£125.00
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
£31.49
(ePub)
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£42.29
(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
£35.09
(ePub)
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