The Legitimacy of Family Rights in Strasbourg Case Law PDF Download
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Author: Carmen Draghici
Publisher: Bloomsbury Publishing
ISBN: 150990526X
Category : Law
Languages : en
Pages : 455
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Book Description
Modern family life exhibits a huge variety of new forms. Legal responses to these new forms illustrate the continuing differences between European nations. Nonetheless, the Strasbourg Court has been increasingly active in this area, which provides fertile ground for testing the legitimacy of the Court's interpretation of the European Convention on Human Rights. When national law refuses to recognize a claimed right, litigants regularly reassert that right before the Strasbourg Court. This has forced it to seek answers to complex domestic controversies, such as the legal recognition for same-sex partners and transgender persons, the ethics of adoption and reproductive rights, the legal regime for cohabitants, or the accommodation of immigrants' aspiration to family reunion. Placing family rights at the core of the judicial legitimacy debate, this book provides a critical analysis of the standards of family rights protection under the Convention. It evaluates the Court's interpretive methodology and discusses the tensions inherent in its supranational quasi-constitutional function. These include the risk of excessive deference to national authorities, at the expense of the effective enforcement of universal rights; the addition of 'new rights'; and inattention to the division of responsibilities between democratic processes within sovereign States and the subsidiary international review.
Author: Carmen Draghici
Publisher: Bloomsbury Publishing
ISBN: 150990526X
Category : Law
Languages : en
Pages : 455
Get Book Here
Book Description
Modern family life exhibits a huge variety of new forms. Legal responses to these new forms illustrate the continuing differences between European nations. Nonetheless, the Strasbourg Court has been increasingly active in this area, which provides fertile ground for testing the legitimacy of the Court's interpretation of the European Convention on Human Rights. When national law refuses to recognize a claimed right, litigants regularly reassert that right before the Strasbourg Court. This has forced it to seek answers to complex domestic controversies, such as the legal recognition for same-sex partners and transgender persons, the ethics of adoption and reproductive rights, the legal regime for cohabitants, or the accommodation of immigrants' aspiration to family reunion. Placing family rights at the core of the judicial legitimacy debate, this book provides a critical analysis of the standards of family rights protection under the Convention. It evaluates the Court's interpretive methodology and discusses the tensions inherent in its supranational quasi-constitutional function. These include the risk of excessive deference to national authorities, at the expense of the effective enforcement of universal rights; the addition of 'new rights'; and inattention to the division of responsibilities between democratic processes within sovereign States and the subsidiary international review.
Author: Claire Fenton-Glynn
Publisher:
ISBN: 0198787510
Category : Law
Languages : en
Pages : 465
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Book Description
This book provides a comprehensive overview of the jurisprudence of the European Court of Human Rights as it relates to children. It includes detailed analysis of the Court's key decisions on children's rights, highlighting its achievements as well as offering informed critique of its ongoing weaknesses.
Author: Carmen Draghici
Publisher: Bloomsbury Publishing
ISBN: 1509905278
Category : Law
Languages : en
Pages : 495
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Book Description
Modern family life exhibits a huge variety of new forms. Legal responses to these new forms illustrate the continuing differences between European nations. Nonetheless, the Strasbourg Court has been increasingly active in this area, which provides fertile ground for testing the legitimacy of the Court's interpretation of the European Convention on Human Rights. When national law refuses to recognize a claimed right, litigants regularly reassert that right before the Strasbourg Court. This has forced it to seek answers to complex domestic controversies, such as the legal recognition for same-sex partners and transgender persons, the ethics of adoption and reproductive rights, the legal regime for cohabitants, or the accommodation of immigrants' aspiration to family reunion. Placing family rights at the core of the judicial legitimacy debate, this book provides a critical analysis of the standards of family rights protection under the Convention. It evaluates the Court's interpretive methodology and discusses the tensions inherent in its supranational quasi-constitutional function. These include the risk of excessive deference to national authorities, at the expense of the effective enforcement of universal rights; the addition of 'new rights'; and inattention to the division of responsibilities between democratic processes within sovereign States and the subsidiary international review.
Author: Başak Çalı
Publisher:
ISBN: 0192895192
Category : Law
Languages : en
Pages : 289
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Book Description
The ESIL Book Series publishes high-quality volumes on the themes of ESIL Annual Conferences and ESIL joint events primarily. The volumes include chapters that are based on selected papers presented at ESIL events, revised to fit the theme and focus of the volume, and complemented by additional chapters that address topics that were not fully explored at the events, but that are essential for a full coverage of the theme. Book jacket.
Author: Kanstantsin Dzehtsiarou
Publisher: Cambridge University Press
ISBN: 1107041031
Category : Law
Languages : en
Pages : 255
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Book Description
The most comprehensive and critical analysis of the application of European consensus by the European Court of Human Rights.
Author: Andreas Føllesdal
Publisher:
ISBN:
Category :
Languages : en
Pages : 441
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Book Description
At fifty, the European Court of Human Rights finds itself in a new institutional setting. With the EU joining the European Convention on Human Rights in the near future, and the Court increasingly having to address the responsibility of states in UN-lead military operations, the Court faces important challenges at the national, European and international levels. In light of recent reform discussions, this volume addresses the multi-level relations of the Court by drawing on existing debates, pointing to current deficits and highlighting the need for further improvements.
Author: Vladislava Stoyanova
Publisher: Cambridge University Press
ISBN: 1009050311
Category : Political Science
Languages : en
Pages : 409
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Book Description
Bringing together scholars of migration and constitutional law, this volume analyses the problematic relationship between the rise of populism, restrictions of migrants' rights and democratic decay in Europe. By offering both constructive and critical accounts, it creates a nuanced debate on the possibilities for and limitations of legal resilience against populist erosion of migrants' rights. Crucially, it does not merely diagnose the causes of restrictions of migrants' rights, but also proposes how the law might be used as a solution. In this volume, the law is considered as both a source of resilience and part of the problem at three distinct levels: the legal-theoretical, the European, and the national level. It is a major contribution to the literature on migrants' rights, offering a nuanced account of how legal resilience might be used to safeguard migrants' rights against further erosion in populist times. This book is available as Open Access.
Author: Jan Wouters
Publisher: Edward Elgar Publishing
ISBN: 183910032X
Category : Political Science
Languages : en
Pages : 369
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Book Description
This insightful book offers a critical reflection on the sustainability and effectiveness of the Universal Declaration of Human Rights (UDHR) and its legacy over the last 70 years. Exploring the problems surrounding universality, proliferation and costs, it asks the provocative question, can we still afford human rights?
Author: Carmen Draghici
Publisher: Cambridge University Press
ISBN: 100944395X
Category : Law
Languages : en
Pages : 343
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Book Description
Argues that the advent of assisted reproductive technologies has given rise to new enforceable rights under international law.
Author: Werner Schroeder
Publisher: Bloomsbury Publishing
ISBN: 1849469490
Category : Law
Languages : en
Pages : 315
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Book Description
Respect for the 'rule of law' is, according to Article 2 of the Treaty on European Union, a value on which the Union is founded and a prerequisite for the accession of new Member States. However in some Member States there are deficiencies as regards the independence of the justice system or other aspects of the rule of law, and on several occasions the Union has been confronted with a rule of law crisis. In order to address this problem the book elucidates the principal elements of a common European rule of law in a global context, and explores the different mechanisms and instruments appropriate to safeguard the rule of law and to address future rule of law crises in the Member States.The book brings together contributions from renowned academics, high-ranking professionals and experts in the fields of European law, public international law and constitutional law.
