The ECHR and Human Rights Theory

Reconciling the Moral and the Political Conceptions

Nonfiction, Reference & Language, Law, Comparative, Social & Cultural Studies, Political Science
Cover of the book The ECHR and Human Rights Theory by Alain Zysset, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Alain Zysset ISBN: 9781317248125
Publisher: Taylor and Francis Publication: October 4, 2016
Imprint: Routledge Language: English
Author: Alain Zysset
ISBN: 9781317248125
Publisher: Taylor and Francis
Publication: October 4, 2016
Imprint: Routledge
Language: English

The European Convention of Human Rights (ECHR) has been relatively neglected in the field of normative human rights theory. This book aims to bridge the gap between human rights theory and the practice of the ECHR. In order to do so, it tests the two overarching approaches in human rights theory literature: the ethical and the political, against the practice of the ECHR ‘system’. The book also addresses the history of the ECHR and the European Court of Human Rights (ECtHR) as an international legal and political institution.

The book offers a democratic defence of the authority of the ECtHR. It illustrates how a conception of democracy – more specifically, the egalitarian argument for democracy developed by Thomas Christiano on the domestic level – can illuminate the reasoning of the Court, including the allocation of the margin of appreciation on a significant number of issues. Alain Zysset argues that the justification of the authority of the ECtHR – its prominent status in the domestic legal orders – reinforces the democratic process within States Parties, thereby consolidating our status as political equals in those legal and political orders.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

The European Convention of Human Rights (ECHR) has been relatively neglected in the field of normative human rights theory. This book aims to bridge the gap between human rights theory and the practice of the ECHR. In order to do so, it tests the two overarching approaches in human rights theory literature: the ethical and the political, against the practice of the ECHR ‘system’. The book also addresses the history of the ECHR and the European Court of Human Rights (ECtHR) as an international legal and political institution.

The book offers a democratic defence of the authority of the ECtHR. It illustrates how a conception of democracy – more specifically, the egalitarian argument for democracy developed by Thomas Christiano on the domestic level – can illuminate the reasoning of the Court, including the allocation of the margin of appreciation on a significant number of issues. Alain Zysset argues that the justification of the authority of the ECtHR – its prominent status in the domestic legal orders – reinforces the democratic process within States Parties, thereby consolidating our status as political equals in those legal and political orders.

More books from Taylor and Francis

Cover of the book Like a Film by Alain Zysset
Cover of the book Skills, Drills & Strategies for Tennis by Alain Zysset
Cover of the book Sociability and Cosmopolitanism by Alain Zysset
Cover of the book From Manual Workers to Wage Laborers by Alain Zysset
Cover of the book Commonwealth Caribbean Criminal Practice and Procedure by Alain Zysset
Cover of the book Financing Higher Education by Alain Zysset
Cover of the book Chinese Youth in Transition by Alain Zysset
Cover of the book Management and the Dominance of Managers by Alain Zysset
Cover of the book Ethical Issues in Youth Work by Alain Zysset
Cover of the book International Corporate Finance (RLE International Business) by Alain Zysset
Cover of the book Morphology and Mind (RLE Linguistics C: Applied Linguistics) by Alain Zysset
Cover of the book Nationalisms in Japan by Alain Zysset
Cover of the book Political Leadership, Nascent Statehood and Democracy by Alain Zysset
Cover of the book Spinoza, Right and Absolute Freedom by Alain Zysset
Cover of the book Financial Liberalization and the Reconstruction of State-Market Relations by Alain Zysset
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy