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The Pilot-Judgment Procedure of the European Court of Human Rights
Structural human rights deficiencies in the member states of the European Convention of Human Rights have caused numerous individual applications to the European Court of Human Rights and are a considerable factor in the Court's persistent overload crisis. The Pilot-Judgment Procedure was devised to tackle these structural deficiencies and has become an important instrument of the Court. Dominik Haider examines to which extent the Pilot-Judgment Procedure is reconcilable with the European Convention on Human Rights. After an analysis of the member states’ obligations to resolve structural deficiencies, the author asks if the European Court of Human Rights is empowered to take the procedural steps which are characteristic of the Pilot-Judgment Procedure. In particular, the Court's express orders are critically scrutinised.
Islam, Constitutional Law and Human Rights
This book focuses on Islamic constitutionalism, and in particular on the relation between religion and the protection of individual liberties potentially clashing with sharica and the Islamic ethos. The analysis goes from general to particular, starting with a theoretical overview on constitutionalism, human rights and Islam, moving to the assessment of the post-Arab Spring Constitutions of Egypt and Tunisia, and concluding with a specific focus on the rights of sexual minorities and freethinkers. Part I provides a theoretical account of the conception of constitutionalism and human rights in Islam, compared and contrasted with Western constitutionalism. A set of issues where the tension bet...
Enforcing International Judgments Domestically
This book broaches a hitherto unexplored subject. It is a systematic overview of the domestic implementation or enforcement of Inter-American Court of Human Rights Judgments across all the countries that accept its jurisdiction. This book urges (and allows) us to move beyond the discourse of "influence" of international courts, a discourse that, while helpful in some respects, also has limited usefulness for the victims of human rights violations in judgments. Comprehensive and theoretically sophisticated, this book sheds new light into how human rights law, international courts, and even international law more broadly can in fact be transformative on the ground.
The Max Planck Handbooks in European Public Law
The Max Planck Handbooks in European Public Law describe and analyse public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution ...
The Concept of the Rule of Law and the European Court of Human Rights
1: Introduction 2: The Rule of Law Concept 3: Legality as a Concept in the Case Law 4: Judicial Safeguards 5: The Substantive Contents of Law 6: Democracy 7: Conclusion.
The Politics of Judicial Review in Latin America
Incluye abstract.
Religion and State - from Separation to Cooperation?
Religion is increasingly a social and political factor in post-modern societies nowadays and the question of the role of religion in the public sphere is more and more brought to the fore: a challenge to legal philosophers. Should religion be only a private affair, or should the public dimension of religion be more acknowledged? Do we have to interpret the freedom of religion and the separation of church and state in a strict (laicist) sense, or do we have to allow for a more benevolent relation between religion and the state? This collection of essays explores these questions in various and new ways.
The Right to a Fair Trial
Emergency Courts - Andreas Zimmermann
