A Europe of Rights: The Impact of the ECHR on National Legal SystemsHelen Keller, Alec Stone Sweet "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."--BOOK JACKET. |
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A Europe of Rights: The Impact of the ECHR on National Legal Systems Helen Keller,Alec Stone Sweet No preview available - 2008 |
Common terms and phrases
Administrative Court amendments Article 6(1 Article 8 ECHR Austria appl Austrian Constitutional Court Belgian Supreme Court Belgium appl civil Committe of Ministers Committee concerning Article Constitutional Court Convention rights Council of Europe Court of Cassation December declaration domestic law ECtHR ECtHR’s case law entry into force European Court fair trial Federal Supreme Court France appl freedom fundamental rights Germany appl Greece appl Greek Human Rights international law interpretation Ireland Judgement Chamber Judgement First Section Judgement Fourth Section Judgement Grand Chamber Judgement Plenary Judgement Second Section Judgement Third Section judges judicial review July June jurisprudence legal system legislation length national legal order Netherlands appl Norway November NV FS October Parliament Poland proceedings Prot Protocol provisions ratification remedy reported Russia appl Series Slovakia statute Strasbourg Court supra note Sweden Swiss Federal Supreme Switzerland appl tion Turkey appl Turkish Constitutional Court Ukraine United Kingdom appl violation of Article