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

Hardcover | July 31, 2008

EditorHelen Keller, Alec Stone-Sweet

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This volume focuses, comparatively and dynamically, on the reception of the ECHR regime within the national legal orders of the Member States of the Council of Europe. The definition of 'legal order' used is expansive, including the legislature, the executive, the judiciary - and indeed, anypublic authority established through constitutional and public law that produces or applies legal norms. The central enquiry of the book is how, through what mechanisms, and to what extent, the national legal orders of the Member States are coordinated with, adapted to, or adjusted by the ECHR -emphasizing both the co-operative and conflictive aspects of reception.The book brings together a series of structured-focused comparisons: each chapter undertaking a comparative case study whic collects and analyzes basic data on the reception of the ECHR within national legal orders. These structured-focused comparisons, whose purpose is not so much to test theory,but to develop appropriate theoretical concepts and to generate hypothese, work on the assumption that comparing two, relatively like cases offer a better opportunity to build more general theoretical frameworks.Through an examination of a set of general questions about how national decision-makers - governments, legislators, and judges - have reacted to the evolution of European human rights law, the chapters enquire how various actors within national legal orders could take decisions to either hinder orto enhance the status of the ECHR. What interests or values, individual or corporate, are, for example judges, maximizing? How has this affected the evolution of the ECHR? How do national constitutions take into account treaty law (or international law generally)? Do separation of powers doctrines(or other explicit provisions of public law) permit or prohibit the judicial review of the legal validity of legislative and executive acts with reference to 'higher' norms? To what extent should the federal or unitary nature of a Member State make a difference to reception? That is, should weexpect the territorial distribution of powers and competences - judicial, legislative, administrative - to have an effect on the status or effectiveness of the ECHR, and if so, how?

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This volume focuses, comparatively and dynamically, on the reception of the ECHR regime within the national legal orders of the Member States of the Council of Europe. The definition of 'legal order' used is expansive, including the legislature, the executive, the judiciary - and indeed, anypublic authority established through constitu...

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.

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Format:HardcoverDimensions:300 pages, 9.21 × 6.14 × 2.17 inPublished:July 31, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199535264

ISBN - 13:9780199535262

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Table of Contents

1. Keller and Stone Sweet: Introduction to the ProjectPart I: Country Reports2. Erika de Wet: Belgium and the Netherlands3. Elisabeth Lambert Abdelgawad: France and Germany4. Daniela Thurnherr: Austria and Switzerland5. Samantha Besson: Ireland and the UK6. Ola Wiklund: Norway and Sweden7. Ibrahim Ozden Kaboglu and Stylianos-Ioannis G. Koutnatzis: Greece and Turkey8. Magda Krzyzanowska-Mierzewska: Poland and Slavakia9. Angelika Nussberger: Russia and UkrainePart II: Assessment and Conclusion10. Keller and Stone Sweet: The ECHR and National Legal OrdersAppendix: National Statistics Related to ECHR Cases FiledBibliographyIndex