The European Court of Human Rights between Law and Politics

Paperback | October 5, 2013

EditorJonas Christoffersen, Mikael Rask Madsen

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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 substantialjurisprudence and ongoing political reform of the Court. The broad analysis based on historical, legal, and social science perspectives provides fresh insights into the institutional crisis of the Court and the future of the European Convention on Human Rights and Fundamental Freedoms. The European Court of Human Rights is in many ways 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 tobecoming 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 theMember 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 the Court's life.

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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 substantialjurisprudence and ongoing political reform of the C...

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 i...

other books by Jonas Christoffersen

Format:PaperbackDimensions:260 pages, 9.21 × 6.14 × 0.07 inPublished:October 5, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199686440

ISBN - 13:9780199686445

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Table of Contents

1. Jonas Christoffersen and Mikael Rask Madsen: Introduction: The European Court of Human Rights between Law and PoliticsPart I - Politics and Institutionalisation2. Ed Bates: The Birth of the European Convention on Human Rights-and the European Court of Human Rights3. Mikael Rask Madsen: The Protracted Institutionalisation of the Strasbourg Court: From Legal Diplomacy to Integrationist Jurisprudence4. Erik Voeten: Politics, Judicial Behaviour, and Institutional Design5. Rachel A. Cichowski: Civil Society and the European Court of Human Rights6. Anthony Lester: The European Court of Human Rights after 50 YearsPart II - Law and Legitimization7. Robert Harmsen: The Reform of the Convention System: Institutional Restructuring and the (Geo-)Politics of Human Rights8. Stephanie Hennette-Vauchez: Constitutional v. International? When Unified Reformatory Rationales Mismatch the Plural Paths of Legitimacy of ECHR Law9. Laurent Scheeck: Diplomatic Intrusions, Dialogues, and Fragile Equilibria: The European Court as a Constitutional Actor of the European Union10. Jonas Christoffersen: Individual and Constitutional Justice: Can the Power Balance of Adjudication be Reversed?11. Luzius Wildhaber: Rethinking the European Court of Human RightsJonas Christoffersen and Mikael Rask Madsen: Postscript

Editorial Reviews

"The European Court of Human Rights between Law and Politics 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