The European Court of Human Rights between Law and Politics

Mikael Rask Madsen editor Jonas Christoffersen editor

Format:Hardback

Publisher:Oxford University Press

Published:9th Jun '11

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The European Court of Human Rights between Law and Politics cover

The European Court of Human Rights between Law and Politics provides a comprehensive analysis of the origins and development of one of the most striking supranational judicial institutions. The book brings together leading scholars and practitioners to cast new light on the substantial jurisprudence and ongoing political reform of the Court. The broad analysis based on historical, legal, and social science perspectives provides new insights into the institutional crisis of the Court and identifies the lessons that can be learned for the future of the European Convention on Human Rights and Fundamental Freedoms. The European Court of Human Rights is in many ways is an unparalleled success. The Court embarked, during the 1970s, upon the development of a progressive and genuinely European jurisprudence. In the post-Cold War era, it went from being the guarantor of human rights solely in Western Europe to becoming increasingly involved in the transition to democracy and the rule of law in Eastern Europe. Now the protector of the human rights of some 800 million Europeans from 47 different countries, the European system is once again deeply challenged - this time by a massive case load and by the Member States' increased reluctance towards the Court. This book paves the way for a better understanding of the system and hence a better basis for choosing the direction of the next stage of development.

This book brings together leading academics and practitioners to give a new perspective on the ECtHR and its on-going reform...By examining the ECtHR in its historical, legal and socio-political context, this book seeks to provide a better understanding of what has facilitated and impeded the ECtHR to date and the likely impact of these factors going forward ...well-written, well-edited and readable. * Jeanette Ashton, British Yearbook of International Law *
This book brings together leading academics and practitioners to give a new
perspective on the ECtHR and its on-going reform...By examining the ECtHR in its historical, legal and socio-political context, this book seeks to provide a better understanding of what has facilitated and impeded the ECtHR to date and the likely impact of these factors going forward ...well-written, well-edited and readable. * Jeanette Ashton, British Yearbook of International LawBirgit Peters, Nordic Journal of Human Rights *
Its purchase is highly recommended and should be a must for those actually involved in the reform process: at the Court, at the Parliamentary Assembly, at government departments, but also for anyone interested in the work of the Court and its functioning. * Birgit Peters, Nordic Journal of Human Rights *
All in all, The European Court of Human Rights between Law and Politics is a welcome addition to the growing corpus of multi- and interdisciplinary research on the Court. Its chapters usefully summarise some of the Courts key development trajectories, highlight the current problems that have emerged, especially in light of the caseload explosion, and intelligently address some of the implications for the future of the ECHR system, including possible reforms. * Andreas von Staden, Human Rights Law Review *
There are some bold, some might say brave, suggestions which mark the book out from previous similar works * Journal of the Commonwealth Lawyers' Association 2011 *
^iThe European Court of Human Rights between Law and Politics^r offers a timely interdisciplinary analysis of the current need for reform of the European Court of Human Rights through the analytical framework of the institution's origins and function. * Rachel Clare Herron, Legal Studies *

ISBN: 9780199694495

Dimensions: 238mm x 164mm x 21mm

Weight: 550g

256 pages