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Law, Democracy and the European Court of Human Rights examines the political rights jurisprudence of the European Court of Human Rights. It discusses how the Court supports a liberal representative and substantive model of democracy, and outlines the potential for the Court to interpret the Convention so as to support more deliberative, participatory and inclusive democratic practices. The book commences with an overview of different theories of democracy and then discusses the origins of the Council of Europe and the Convention and presents the basic principles on the interpretation and application of the Convention. Subsequent chapters explore issues around free expression, free assembly and association, the scope of the electoral rights, the right to vote, the right to run for election and issues about electoral systems. Issues discussed include rights relating to referendums, voting rights for prisoners and non-nationals, trade union rights and freedom of information.

1.Foundations --Public finance, maximum available resources and human rights /Diane Elson, Radhika Balakrishnan and James Heintz --Putting ESR-based budget analysis into practice: addressing the conceptual challenges /Aoife Nolan --Let them eat cake: socio-economic rights in an age of austerity /Paul O'Connell --Resourcing rights: combating tax injustice from a human rights perspective /Ignacio Saiz --2.Governance --Recovering the history of human rights: public finances and human rights /Rory O'Connell --Better on the margins? A critique of mainstreaming economic and social rights /Eoin Rooney and Colin Harvey --3.Group-specific work --Budget for children /Enakshi Ganguly Thukral --Equality proofing the budget: lessons from the experiences of gender budgeting? /Sheila Quinn --4.Analysis in action --Right to adequate housing: a case study of the social housing budget in Northern Ireland /Eoin Rooney and Mira Dutschke --Assessing the impact of the public spending cuts: taking human rights and equality seriously /James Harrison and Mary-Ann Stephenson.

Human rights based budget analysis projects have emerged at a time when the United Nations has asserted the indivisibility of all human rights and attention is increasingly focused on the role of non-judicial bodies in promoting and protecting human rights. This book seeks to develop the human rights framework for such budget analyses, by exploring the international law obligations of the International Covenant on Economic, Social and Cultural Rights (ICESCR) in relation to budgetary processes. The book outlines international experiences and comparative practice in relation to economic and soc