Human Rights

A Europe of Rights The Impact of the ECHR on National Legal Systems

Edited by Helen Keller · Stone-Sweet Alec
Oxford University Press August 2008

Specifications

ISBN-13
9780199535262
Publisher
Oxford University Press
Publication
August 2008
Format
Hardback , 892 pages
Jurisdiction
Europe ? Countri(es) for reference only

Details

  • 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

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.

Readership: Academics, scholars, and advanced students of European human rights law and international relations

Table of Contents

1: Keller and Stone Sweet: Introduction to the Project


Part I Country Reports


2: Erika de Wet: Belgium and the Netherlands


3: Elisabeth Lambert Abdelgawad: France and Germany


4: Daniela Thurnherr: Austria and Switzerland


5: Samantha Besson: Ireland and the UK


6: Ola Wiklund: Norway and Sweden


7: Ibrahim Özden Kaboglu and Stylianos-Ioannis G. Koutnatzis: Greece and Turkey


8: Magda Krzyzanowska-Mierzewska: Poland and Slavakia


9: Angelika Nussberger: Russia and Ukraine


Part II Assessment and Conclusion


10: Keller and Stone Sweet: The ECHR and National Legal Orders


Appendix: National Statistics Related to ECHR Cases Filed


Bibliography


Index



 


 



About the Author

Helen Keller, Professor of Public Law, International and European Law, University of Zurich, and Alec Stone Sweet, Chair in International and Comparative Law, Yale Law School


Contributors:


Helen Keller


Alec Stone Sweet


Erika de Wet


Elisabeth Lambert Abdelgawad


Daniela Thurnherr


Samantha Besson


Ola Wiklund


Ibrahim Özden Kaboglu


Stylianos-Ioannis G. Koutnatzis


Magda Krzyzanowska-Mierzewska


Angelika Nussberger  


 



Out of stock
This title is currently unavailable for purchase.
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries

Recommended

You may also be interested in these books:

More titles from Human Rights

View all