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Author: Natalie Alkiviadou
Publisher: Routledge
ISBN: 0429664605
Category : Law
Languages : en
Pages : 296
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Book Description
Since the Second World War, the international community has sought to prevent the repetition of destructive far-right forces by establishing institutions such as the United Nations and by adopting documents such as the Universal Declaration of Human Rights. Jurisprudence and conventions directly prohibit far-right speech and expression. Nevertheless, recently, violent far-right entities, such as Golden Dawn of Greece, have received unprecedented electoral support, xenophobic parties have done spectacularly well in elections; and countries such as Hungary and Poland are being led by right-wing populists who are bringing constitutional upheaval and violating basic elements of doctrines such as the rule of law. In light of this current reality, this book critically assesses the international and European tools available for States to regulate the far-right. It conducts the analysis through a militant democracy lens. This doctrine has been considered in several arenas as a concept more generally; in the sphere of the European Convention on Human Rights; in relation to particular freedoms, such as that of association; and as a tool for challenging the far-right movement through the spectrum of political science. However, this doctrine has not yet been applied within a legal assessment of challenging the far-right as a single entity. After analysing the aims, objectives, scope and possibility of shortcomings in international and European law, the book looks at what state obligations arise from these laws. It then assesses how freedom of opinion and expression, freedom of association and freedom of assembly are provided for in international and European law and explores what limitation grounds exist which are directly relevant to the regulation of the far-right. The issue of the far-right is a pressing one on the agenda of politicians, academics, civil society and other groups in Europe and beyond. As such, this book will appeal to those with an interest in International, European or Human rights Law and political science.
Author: Natalie Alkiviadou
Publisher: Routledge
ISBN: 0429664605
Category : Law
Languages : en
Pages : 296
Get Book Here
Book Description
Since the Second World War, the international community has sought to prevent the repetition of destructive far-right forces by establishing institutions such as the United Nations and by adopting documents such as the Universal Declaration of Human Rights. Jurisprudence and conventions directly prohibit far-right speech and expression. Nevertheless, recently, violent far-right entities, such as Golden Dawn of Greece, have received unprecedented electoral support, xenophobic parties have done spectacularly well in elections; and countries such as Hungary and Poland are being led by right-wing populists who are bringing constitutional upheaval and violating basic elements of doctrines such as the rule of law. In light of this current reality, this book critically assesses the international and European tools available for States to regulate the far-right. It conducts the analysis through a militant democracy lens. This doctrine has been considered in several arenas as a concept more generally; in the sphere of the European Convention on Human Rights; in relation to particular freedoms, such as that of association; and as a tool for challenging the far-right movement through the spectrum of political science. However, this doctrine has not yet been applied within a legal assessment of challenging the far-right as a single entity. After analysing the aims, objectives, scope and possibility of shortcomings in international and European law, the book looks at what state obligations arise from these laws. It then assesses how freedom of opinion and expression, freedom of association and freedom of assembly are provided for in international and European law and explores what limitation grounds exist which are directly relevant to the regulation of the far-right. The issue of the far-right is a pressing one on the agenda of politicians, academics, civil society and other groups in Europe and beyond. As such, this book will appeal to those with an interest in International, European or Human rights Law and political science.
Author: Nanette A. Neuwahl
Publisher: BRILL
ISBN: 9004482423
Category : Law
Languages : en
Pages : 351
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Book Description
Author: Bertelsmann Stiftung (Gütersloh, Germany)
Publisher: Bertelsmann Foundation Publishers
ISBN:
Category : Business & Economics
Languages : en
Pages : 572
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Book Description
"Right-wing extremism is a phenomenon that can be found throughout Europe. All democratic societies are threatened by racist, anti-pluralistic and authoritarian ideas. Even though the so-called "radical right" differs in character and ideology in the various European countries it strives to restrict civic and human rights as well as to change the constitutional structures that are based on the principles of democracy and liberty. Individual European countries deal with this challenge differently. The various policy approaches found in these countries are a good source for developing improved practices for fighting right-wing extremism in German and worldwide." "With this publication the Bertelsmann Stiftung presents an overview of the radical right in Austria, Belgium, Denmark, France, Germany, Great Britain, Hungary, Italy, the Netherlands, Sweden and Switzerland. It also includes the most successful strategies against right-wing extremism found in these countries. The main focus of this publication is the actions pursued by the governments, political parties and actors of the civil society. Judicial provisions are highlighted as well as the implementation of laws, special action programs, the effectiveness of prosecution of right-wing crimes, cooperation of parties, institutional responsibilities, cooperation of authorities with NGOs and civil commitment against right-wing extremism." --Book Jacket.
Author: Helmut P. Aust
Publisher: Edward Elgar Publishing
ISBN: 1839108347
Category : Law
Languages : en
Pages : 291
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Book Description
This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
Author: Jürgen Habermas
Publisher: John Wiley & Sons
ISBN: 0745694675
Category : Philosophy
Languages : en
Pages : 157
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Book Description
The future of Europe and the role it will play in the 21st century are among the most important political questions of our time. The optimism of a decade ago has now faded but the stakes are higher than ever. The way these questions are answered will have enormous implications not only for all Europeans but also for the citizens of Europe’s closest and oldest ally – the USA. In this new book, one of Europe's leading intellectuals examines the political alternatives facing Europe today and outlines a course of action for the future. Habermas advocates a policy of gradual integration of Europe in which key decisions about Europe's future are put in the hands of its peoples, and a 'bipolar commonality' of the West in which a more unified Europe is able to work closely with the United States to build a more stable and equitable international order. This book includes Habermas's portraits of three long-time philosophical companions, Richard Rorty, Jacques Derrida and Ronald Dworkin. It also includes several important new texts by Habermas on the impact of the media on the public sphere, on the enduring importance religion in "post-secular" societies, and on the design of a democratic constitutional order for the emergent world society.
Author: Björnstjern Baade
Publisher: Springer
ISBN: 9783662621301
Category : Law
Languages : en
Pages : 369
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Book Description
Analysing international law through the prism of “cynicism” makes it possible to look beyond overt disregard for international law, currently discussed in terms of a backlash or crisis. The concept allows to analyse and criticise structural features and specific uses of international law that seem detrimental to international law in a more subtle way. Unlike its ancient predecessor, cynicism nowadays refers not to a bold critique of power but to uses and abuses of international law that pursue one-sided interests tacitly disregarding the legal structure applied. From this point of view, the contributions critically reflect on the theoretical foundations of international law, in particular its relationship to power, actors such as the International Law Commission and international judges, and specific fields, including international human rights, humanitarian, criminal, tax and investment law.
Author: Charilaos Nikolaidis
Publisher: Routledge
ISBN: 1317701380
Category : Law
Languages : en
Pages : 255
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Book Description
A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.
Author: S. Vasilopoulou
Publisher: Springer
ISBN: 1137535911
Category : Political Science
Languages : en
Pages : 175
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Book Description
This book contextualizes the rise of the Golden Dawn within the Eurozone crisis. The authors argue that the movement's success may be explained by the extent to which it was able to respond to the crisis of the nation-state and democracy in Greece with its 'nationalist solution': the twin fascist myths of social decadence and national rebirth.
Author: Carlos Closa
Publisher: Cambridge University Press
ISBN: 1107108888
Category : Law
Languages : en
Pages : 357
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Book Description
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Author: Natalie Alkiviadou
Publisher: Taylor & Francis
ISBN: 1000603601
Category : Law
Languages : en
Pages : 128
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Book Description
This book critically evaluates the rise of the far-right in Greece, detailing the legal context in which to understand both the emergence of Golden Dawn, the far-right’s largest grouping, and the 2020 court decision, in which it was deemed to be a criminal organisation. Golden Dawn was a political party which, for years, also functioned as a violent subculture movement, with limited to no interference by the state. This book sets out the background to its rise in Greece, tracing its development from the post-Junta era. At the same time, the book provides an assessment of the legal framework within which the far-right has operated, and the legal tools available to tackle it – including criminal law, non-discrimination law, the laws governing political parties and the public order framework, and the country’s international and European obligations. Golden Dawn functioned as both a political party and violent entity until its leadership and parliamentary members were found guilty of leading and participating in a criminal organisation. This book demonstrates that the state of impunity in which Golden Dawn’s violent hit squads functioned was both a facilitating factor for its rise, and potentially for its demise, as the group potentially felt untouchable. And its attention to how Greek Law has tackled, and failed to tackle, Golden Dawn offers a timely and more generally useful assessment of how legislation, courts and policies can best challenge the far-right. This book will be of interest to those teaching and studying in law and politics, as well as more others, concerned with the rise of the far right and violent organizations, especially in Europe.
