The European Convention on Human Rights has evolved into a sophisticated legal system, whose formal reach into the domestic law and politics of the Contracting States is limited only by the ever-widening scope of the Convention itself, as determined by a transnational court. In this book, a team of distinguished scholars trace and evaluate, comparatively, the impact of the ECHR and the European Court of Human Rights on law and politics in eighteen national systems: Ireland-UK; France-Germany, Italy-Spain, Belgium-Netherlands, Norway-Sweden, Greece-Turkey, Russia-Ukraine, Poland-Slovakia, and Austria-Switzerland. Although the Court's jurisprudence has provoked significant structural, procedural, and policy innovation in every State examined, its impact varies widely across States and legal domains. The book charts this variation and seeks to explain it. Across Europe, national officials - in governments, legislatures, and judiciaries - have chosen to incorporate the ECHR into domestic law, and they have developed a host of mechanisms designed to adapt the national legal system to the ECHR as it evolves. But how and why State actors have done so varies in important ways, and these differences heavily determine the relative status and effectiveness of Convention rights in national systems. Although problems persist, the book shows that national officials are, gradually but inexorably, being socialized into a Europe of rights, a unique transnational legal space now developing its own logics of political and juridical legitimacy.
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This book examines the process through which the European Convention on Human Rights, and the case law of the European Court of Human Rights, has been interpreted and applied in the Member States, and how it has impacted upon their domestic legal orders.
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1. Introduction to the Project ; PART I COUNTRY REPORTS ; 2. Belgium and the Netherlands ; 3. France and Germany ; 4. Austria and Switzerland ; 5. Ireland and the UK ; 6. Norway and Sweden ; 7. Greece and Turkey ; 8. Poland and Slavakia ; 9. Russia and Ukraine ; PART II ASSESSMENT AND CONCLUSION ; 10. The ECHR and National Legal Orders ; Appendix: National Statistics Related to ECHR Cases Filed ; Bibliography ; Index
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Systematic comparative research on the impact of the ECHR on eighteen States across Europe Clear, consistent and comprehensive citations to cases and scholarly materials Extensive substantive introduction and conclusion written by Helen Keller and Alec Stone Sweet Appendix reports statistics on the relationship between national legal systems and the ECHR
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Helen Keller is Professor of Public Law, International Law and European Law, at the University of Zurich Alec Stone Sweet is Leitner Professor of Law, Politics, and International Studies, at Yale Law School
Les mer
Systematic comparative research on the impact of the ECHR on eighteen States across Europe Clear, consistent and comprehensive citations to cases and scholarly materials Extensive substantive introduction and conclusion written by Helen Keller and Alec Stone Sweet Appendix reports statistics on the relationship between national legal systems and the ECHR
Les mer

Produktdetaljer

ISBN
9780199535262
Publisert
2008
Utgiver
Vendor
Oxford University Press
Vekt
1465 gr
Høyde
241 mm
Bredde
162 mm
Dybde
55 mm
Aldersnivå
UP, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
892

Biographical note

Helen Keller is Professor of Public Law, International Law and European Law, at the University of Zurich Alec Stone Sweet is Leitner Professor of Law, Politics, and International Studies, at Yale Law School