Overview

The European Court of Human Rights between Law and Politics provides a comprehensive analysis of the origins and development of one of the most striking supranational judicial institutions. The book brings together leading scholars and practitioners to cast new light on the substantial jurisprudence and ongoing political reform of the Court. The broad analysis based on historical, legal, and social science perspectives provides new insights into the institutional crisis of the Court and identifies the lessons that can be learned for the future of the European Convention on Human Rights and Fundamental Freedoms.The European Court of Human Rights is in many ways is an unparalleled success. The Court embarked, during the 1970s, upon the development of a progressive and genuinely European 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 47 different countries, the European system is once again deeply challenged - this time by a massive case load and by the Member States' increased reluctance towards the Court. This book paves the way for a better understanding of the system and hence a better basis for choosing the direction of the next stage of development.

Full Product Details

Author:   Jonas Christoffersen (Executive Director, Danish Institute for Human Rights) ,  Mikael Rask Madsen (Professor of European Law and Integration, University of Copenhagen; Director, Centre of Excellence for International Courts (iCourts))
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.40cm , Height: 2.10cm , Length: 23.80cm
Weight:   0.550kg
ISBN:  

9780199694495

ISBN 10:   0199694494
Pages:   256
Publication Date:   09 June 2011
Audience:   College/higher education ,  Professional and scholarly ,  Postgraduate, Research & Scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

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 3: Mikael Rask Madsen: The Protracted Institutionalisation of the Strasbourg Court: From the Diplomacy of Law 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: Stéphanie 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 Equilibriums: The European Court as a Constitutional Actor of the European Union 10: Jonas Christoffersen: Individual and Constitutional Justice: Can the Dynamics of ECHR Adjudication be Reversed? 11: Luzius Wildhaber: Rethinking the European Court of Human Rights

Reviews

This book brings together leading academics and practitioners to give a new perspective on the ECtHR and its on-going reform...By examining the ECtHR in its historical, legal and socio-political context, this book seeks to provide a better understanding of what has facilitated and impeded the ECtHR to date and the likely impact of these factors going forward ...well-written, well-edited and readable. Jeanette Ashton, British Yearbook of International Law This book brings together leading academics and practitioners to give a new perspective on the ECtHR and its on-going reform...By examining the ECtHR in its historical, legal and socio-political context, this book seeks to provide a better understanding of what has facilitated and impeded the ECtHR to date and the likely impact of these factors going forward ...well-written, well-edited and readable. Jeanette Ashton, British Yearbook of International Law Its purchase is highly recommended and should be a must for those actually involved in the reform process: at the Court, at the Parliamentary Assembly, at government departments, but also for anyone interested in the work of the Court and its functioning. Birgit Peters, Nordic Journal of Human Rights All in all, The European Court of Human Rights between Law and Politics is a welcome addition to the growing corpus of multi- and interdisciplinary research on the Court. Its chapters usefully summarise some of the Courts key development trajectories, highlight the current problems that have emerged, especially in light of the caseload explosion, and intelligently address some of the implications for the future of the ECHR system, including possible reforms. Andreas von Staden, Human Rights Law Review There are some bold, some might say brave, suggestions which mark the book out from previous similar works Journal of the Commonwealth Lawyers' Association 2011 iThe European Court of Human Rights between Law and Politicsr 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. Rachel Clare Herron, Legal Studies

There are some bold, some might say brave, suggestions which mark the book out from previous similar works Journal of the Commonwealth Lawyers' Association 2011

Author Information

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. Dr. Mikael Rask Madsen is Professor of European Law and Integration and Director of the Centre for Studies in Legal Culture at the University of Copenhagen. 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.

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