Can the European Court of Human Rights Shape European Public Order?
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Part of Cambridge Studies in European Law and Policy
- Author: Kanstantsin Dzehtsiarou, University of Liverpool
- Date Published: November 2021
- availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
- format: Adobe eBook Reader
- isbn: 9781108570350
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In this book, Kanstantsin Dzehtsiarou argues that, from the legal perspective, the formula 'European public order' is excessively vague and does not have an identifiable meaning; therefore, it should not be used by the European Court of Human Rights (ECtHR) in its reasoning. However, European public order can also be understood as an analytical concept which does not require a clearly defined content. In this sense, the ECtHR can impact European public order but cannot strategically shape it. The Court's impact is a by-product of individual cases which create a feedback loop with the contracting states. European public order is influenced as a result of interaction between the Court and the contracting parties. This book uses a wide range of sources and evidence to substantiate its core arguments: from a comprehensive analysis of the Court's case law to research interviews with the judges of the ECtHR.
Read more- The first comprehensive treatise of the notion of 'European Public Order' as used by the European Court of Human Rights
- Based on a comprehensive analysis of case law of the European Court of Human Rights, interviews with twenty-four Judges of the Court as well as comparative and contextual overview of the Court's ability to shape European Public Order
- Examines the role of the European Court of Human Rights as a part of a complex and fragile system of human rights protection in Europe and argues that the Court should not extend its remit indefinitely but rather should focus on the core human rights.
Reviews & endorsements
‘The book does what has not been done before: it deeply scrutinises the term ‘European public order’ and argues that the use of the term by the ECtHR in a vague and inconsistent manner undermines the legitimacy of the Court and its judgments.’ Ebru Demir, Nordic Journal of Human Rights
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×Product details
- Date Published: November 2021
- format: Adobe eBook Reader
- isbn: 9781108570350
- availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
Table of Contents
1. Introduction
2. European Public Order in the Case Law of the European Court of Human Rights
3. Defining European Public Order: An Impossible Task
4. The Function of the European Court of Human Rights
5. Institutional Infrastructure of the European Court of Human Rights and Its Ability to Shape European Public Order
6. Views of the ECtHR Judges on their Role in Shaping European Public Order
7. Conclusion.
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