Law, Democracy and the European Court of Human Rights

Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.

This book appeals to academics, students and the general public interested in how the European Court of Human Rights understands democracy in Europe. It provides arguments for those concerned with the limitations of liberal representative democracy and seeking to support more deliberative, participatory and inclusive democratic practices.Law, Democracy and the European Court of Human Rights examines the political rights jurisprudence of the European Court of Human Rights. It discusses how the Court supports a liberal representative and substantive model of democracy, and outlines the potential for the Court to interpret the Convention so as to support more deliberative, participatory and inclusive democratic practices. The book commences with an overview of different theories of democracy and then discusses the origins of the Council of Europe and the Convention and presents the basic principles on the interpretation and application of the Convention. Subsequent chapters explore issues around free expression, free assembly and association, the scope of the electoral rights, the right to vote, the right to run for election and issues about electoral systems. Issues discussed include rights relating to referendums, voting rights for prisoners and non-nationals, trade union rights and freedom of information.