The European Court of Human Rights in the Post-Cold War Era

Universality in Transition

Nonfiction, Reference & Language, Law, Comparative, Civil Rights, Social & Cultural Studies, Political Science, Politics, Practical Politics
Cover of the book The European Court of Human Rights in the Post-Cold War Era by James A. Sweeney, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: James A. Sweeney ISBN: 9781136159428
Publisher: Taylor and Francis Publication: January 17, 2013
Imprint: Routledge Language: English
Author: James A. Sweeney
ISBN: 9781136159428
Publisher: Taylor and Francis
Publication: January 17, 2013
Imprint: Routledge
Language: English

The European Court of Human Rights in the Post-Cold War Era: Universality in Transition examines transitional justice from the perspective of its impact on the universality of human rights, taking the jurisprudence of the European Court of Human Rights as its detailed case study. The problem is twofold: there are questions about differences in human rights standards between transitional and non-transitional situations, and about differences between transitions.

The European Court has been a vital part of European democratic consolidation and integration for over half a century, setting meaningful standards and offering legal remedies to the individually repressed, the politically vulnerable, and the socially excluded. After their emancipation from Soviet influence in the 1990s, and with membership of the European Union in mind for many, the new democracies of Central and Eastern Europe flocked to the Convention system. The voluminous jurisprudence of the European Court of Human Rights can now give us some clear information about how an international human rights law regime can interact with transitional justice. The jurisprudence is divided between those cases concerning the human rights implications of explicitly transitional policies (such as lustration), and those that involve impacts upon specific democratic rights during the transition. The book presents a close examination of claims by states that transitional policies and priorities require a level of deference from the Strasbourg institutions. The book proposes that states’ claims for leeway from international human rights supervisory mechanisms during times of transition can be characterised not as arguments for cultural relativism, but for ‘transitional relativism’.

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

The European Court of Human Rights in the Post-Cold War Era: Universality in Transition examines transitional justice from the perspective of its impact on the universality of human rights, taking the jurisprudence of the European Court of Human Rights as its detailed case study. The problem is twofold: there are questions about differences in human rights standards between transitional and non-transitional situations, and about differences between transitions.

The European Court has been a vital part of European democratic consolidation and integration for over half a century, setting meaningful standards and offering legal remedies to the individually repressed, the politically vulnerable, and the socially excluded. After their emancipation from Soviet influence in the 1990s, and with membership of the European Union in mind for many, the new democracies of Central and Eastern Europe flocked to the Convention system. The voluminous jurisprudence of the European Court of Human Rights can now give us some clear information about how an international human rights law regime can interact with transitional justice. The jurisprudence is divided between those cases concerning the human rights implications of explicitly transitional policies (such as lustration), and those that involve impacts upon specific democratic rights during the transition. The book presents a close examination of claims by states that transitional policies and priorities require a level of deference from the Strasbourg institutions. The book proposes that states’ claims for leeway from international human rights supervisory mechanisms during times of transition can be characterised not as arguments for cultural relativism, but for ‘transitional relativism’.

More books from Taylor and Francis

Cover of the book South Asia by James A. Sweeney
Cover of the book Yankee Family by James A. Sweeney
Cover of the book Partition and Quantity by James A. Sweeney
Cover of the book Global Consumer Organizations by James A. Sweeney
Cover of the book Next Generation Netroots by James A. Sweeney
Cover of the book Obeying Orders by James A. Sweeney
Cover of the book An Introduction to Transformational Syntax by James A. Sweeney
Cover of the book Uneven Development and Regionalism by James A. Sweeney
Cover of the book Physical Development in the Early Years Foundation Stage by James A. Sweeney
Cover of the book The 'Olympic and Paralympic' Effect on Public Policy by James A. Sweeney
Cover of the book Learning Mechanisms in Smoking by James A. Sweeney
Cover of the book Youth, Drugs, and Nightlife by James A. Sweeney
Cover of the book Selling the War on Terror by James A. Sweeney
Cover of the book School Desegregation by James A. Sweeney
Cover of the book Presenting Your Data with SPSS Explained by James A. Sweeney
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