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The European Court of Human Rights between Law and Politics

Edited by Jonas Christoffersen and Mikael Rask Madsen

Published in print June 2011 | ISBN: 9780199694495
Published online September 2011 | e-ISBN: 9780191729782 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780199694495.001.0001
The European Court of Human Rights between Law and Politics

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This book provides the first comprehensive analysis of the rise and subsequent development of one of the most striking supranational judicial institutions ever created. The book brings together leading scholars and practitioners to cast new light on the substantial jurisprudence and perpetual political reform of the Court. The broad analysis based on historical, legal, and social scientific perspectives provides new insight into the lasting institutional crisis of the ECtHR and identifies the lessons that can be learned and taken into account in the shaping of the future of the European Convention on Human Rights and Fundamental Freedoms. The European Court of Human Rights is in many ways an unparalleled success. The European Convention took its own unique path under the leadership of the Strasbourg Court that embarked, during the 1970s, on the development of a more progressive 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 forty-seven different countries, the European system is once again deeply challenged — this time by a massive caseload as well as the Member States’ increased reluctance towards the Court.

Keywords: European Court of Human Rights; history; adjudication; institutionalization; reform; law and politics; voting patterns; civil society organizations; EU law; individual and constitutional justice; legitimacy

Book.  256 pages.  Illustrated.

Subjects: Public International Law

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Table of Contents

Introduction: The European Court of Human Rights between Law and Politics in The European Court of Human Rights between Law and Politics

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Politics, Judicial Behaviour, and Institutional Design in The European Court of Human Rights between Law and Politics

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Civil Society and the European Court of Human Rights in The European Court of Human Rights between Law and Politics

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The European Court of Human Rights after 50 Years in The European Court of Human Rights between Law and Politics

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Individual and Constitutional Justice: Can the Power Balance of Adjudication be Reversed? in The European Court of Human Rights between Law and Politics

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