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Leading scholars and practitioners cast new light on the substantial jurisprudence and ongoing political reform of the European Court of Human Rights. The analysis in this edited collection traces the development of the supranational European human rights system and provides original insights into the challenges facing the Court.
Sommario
1 Jonas Christoffersen and Mikael Rask Madsen: Introduction: The European Court of Human Rights between Law and Politics; Part I - Politics and Institutionalisation; 2 Ed Bates: The Birth of the European Convention on Human Rights-and the European Court of Human Rights; 3 Mikael Rask Madsen: The Protracted Institutionalisation of the Strasbourg Court: From Legal Diplomacy to Integrationist Jurisprudence; 4 Erik Voeten: Politics, Judicial Behaviour, and Institutional Design; 5 Rachel A. Cichowski: Civil Society and the European Court of Human Rights; 6 Anthony Lester: The European Court of Human Rights after 50 Years; Part II - Law and Legitimization; 7 Robert Harmsen: The Reform of the Convention System: Institutional Restructuring and the (Geo-)Politics of Human Rights; 8 Stephanie Hennette-Vauchez: Constitutional v. International? When Unified Reformatory Rationales Mismatch the Plural Paths of Legitimacy of ECHR Law; 9 Laurent Scheeck: Diplomatic Intrusions, Dialogues, and Fragile Equilibria: The European Court as a Constitutional Actor of the European Union; 10 Jonas Christoffersen: Individual and Constitutional Justice: Can the Power Balance of Adjudication be Reversed?; 11 Luzius Wildhaber: Rethinking the European Court of Human Rights; Jonas Christoffersen and Mikael Rask Madsen: Postscript
Info autore
Dr. jur. Jonas Christoffersen is Executive Director of the Danish Institute for Human Rights (Denmark's National Human Rights Institution). He was previously Assistant Professor in Human Rights Law at the University of Copenhagen, a temporary judge at the High Court of Eastern Denmark, and a clerk at the Supreme Court of Denmark. He is also an advocate admitted to the Danish Bar and the High Courts of Denmark.
Mikael Rask Madsen is Professor of European Law and Integration at the University of Copenhagen and Director of iCourts, the Danish National Research Foundation's Centre of Excellence for International Courts. He was formerly at the École des Hautes Études en Sciences Sociales in Paris. He has been a visitor at numerous universities, including University of Strasbourg, Oxford University, and University of California at Berkeley.
Riassunto
Leading scholars and practitioners cast new light on the substantial jurisprudence and ongoing political reform of the European Court of Human Rights. The analysis in this edited collection traces the development of the supranational European human rights system and provides original insights into the challenges facing the Court.
Testo aggiuntivo
The European Court of Human Rights between Law and Politics 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.
