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A Europe of Rights
The Impact of the ECHR on National Legal Systems
Helen Keller and Alec Stone Sweet
892 pages
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234x156mm
978-0-19-953526-2
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Hardback
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31 July 2008
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This item is printed to order. Items which are printed to order are normally despatched and charged within 5-10 days.
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- 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
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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
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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
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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