Parliaments and the European Court of Human Rights

Nonfiction, Reference & Language, Law, Courts, International
Cover of the book Parliaments and the European Court of Human Rights by Alice Donald, Philip Leach, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Alice Donald, Philip Leach ISBN: 9780191093166
Publisher: OUP Oxford Publication: August 18, 2016
Imprint: OUP Oxford Language: English
Author: Alice Donald, Philip Leach
ISBN: 9780191093166
Publisher: OUP Oxford
Publication: August 18, 2016
Imprint: OUP Oxford
Language: English

The European system of human rights protection faces institutional and political pressures which threaten its very survival. These institional pressures stem from the backlog of applications before the European Court of Human Rights, the large number of its judgments that remain unimplemented, and the political pressures that arise from sustained attacks on the Court's legitimacy and authority, notably from politicians and jurists in the United Kingdom. This book addresses the theme which lies at the heart of these pressures: the role of national parliaments in the implementation of judgments of the Court. It combines theoretical and empirical insights into the role of parliaments in securing domestic compliance with the Court's decisions, and provides detailed investigation of five European states with differing records of human rights compliance and parliamentary mobilisation: Ukraine, Romania, the United Kingdom, Germany, and the Netherlands. How far are parliaments engaged in implementation, and how far should they be? Do parliaments advance or hinder human rights compliance? Is it ever justifiable for parliaments to defy judgments of the Court? And how significant is the role played by the Parliamentary Assembly of the Council of Europe? Drawing on the fields of international law, international relations, political science, and political philosophy, the book argues that adverse human rights judgments not only confer obligations on parliamentarians but also create opportunities for them to develop influential interpretations of human rights and enhance their own democratic legitimacy. It makes an authoritative contribution to debate about the future of the European and other supranational human rights mechanisms and the broader relationship between democracy, human rights, and legitimate authority.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

The European system of human rights protection faces institutional and political pressures which threaten its very survival. These institional pressures stem from the backlog of applications before the European Court of Human Rights, the large number of its judgments that remain unimplemented, and the political pressures that arise from sustained attacks on the Court's legitimacy and authority, notably from politicians and jurists in the United Kingdom. This book addresses the theme which lies at the heart of these pressures: the role of national parliaments in the implementation of judgments of the Court. It combines theoretical and empirical insights into the role of parliaments in securing domestic compliance with the Court's decisions, and provides detailed investigation of five European states with differing records of human rights compliance and parliamentary mobilisation: Ukraine, Romania, the United Kingdom, Germany, and the Netherlands. How far are parliaments engaged in implementation, and how far should they be? Do parliaments advance or hinder human rights compliance? Is it ever justifiable for parliaments to defy judgments of the Court? And how significant is the role played by the Parliamentary Assembly of the Council of Europe? Drawing on the fields of international law, international relations, political science, and political philosophy, the book argues that adverse human rights judgments not only confer obligations on parliamentarians but also create opportunities for them to develop influential interpretations of human rights and enhance their own democratic legitimacy. It makes an authoritative contribution to debate about the future of the European and other supranational human rights mechanisms and the broader relationship between democracy, human rights, and legitimate authority.

More books from OUP Oxford

Cover of the book The Oxford Handbook of Archaeological Ceramic Analysis by Alice Donald, Philip Leach
Cover of the book The Transformation of Foreign Policy by Alice Donald, Philip Leach
Cover of the book EU Consumer Law and Human Rights by Alice Donald, Philip Leach
Cover of the book Towards a European Public Law by Alice Donald, Philip Leach
Cover of the book Res Publica and the Roman Republic by Alice Donald, Philip Leach
Cover of the book Managing Science by Alice Donald, Philip Leach
Cover of the book Sand and Silicon by Alice Donald, Philip Leach
Cover of the book Modal Logic as Metaphysics by Alice Donald, Philip Leach
Cover of the book Flow by Alice Donald, Philip Leach
Cover of the book Advance Care Planning in End of Life Care by Alice Donald, Philip Leach
Cover of the book Offshore Financial Law by Alice Donald, Philip Leach
Cover of the book Maternal Grief in the Hebrew Bible by Alice Donald, Philip Leach
Cover of the book Competition Law in China by Alice Donald, Philip Leach
Cover of the book Galileo's Visions by Alice Donald, Philip Leach
Cover of the book The Politics of Nuclear Energy in Western Europe by Alice Donald, Philip Leach
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy