Great debates on the European Convention on Human Rights

In: Palgrave great debates in law

Abstract

Cover -- Contents -- Preface and Acknowledgements -- Abbreviations -- Table of Cases -- Table of Legislation -- Introduction -- 1 The Convention, the Court, and the Heart of the Matter -- I. What is Legitimacy? -- II. How Does the Court Operate? -- III. How Are Judges Appointed? -- IV. The Other Relevant Bodies -- Conclusion -- Further Reading -- 2 Sovereignty and Authority -- Debate 1: Who has the final word in human rights cases: the court or the contracting parties? -- Debate 2: What is the relationship between the EU and the ECHR? -- Debate 3: Should the EU accede to the ECHR? -- Debate 4: What is the relationship between the ECHR and other sources of international law? -- Conclusion -- Further Reading -- 3 Admissibility -- Debate 1: How do admissibility criteria affect the Court's legitimacy? -- Debate 2: Who can apply to the Court? -- Debate 3: How significant must disadvantage be? -- Debate 4: How much discretion should the Court have in deciding admissibility? -- Debate 5: How does admissibility relate to effectiveness? -- Conclusion -- Further Reading -- 4 Evolution or Revolution? -- Debate 1: Is evolutive interpretation of the Convention necessary? -- Debate 2: How does the Court determine the moment of evolution? -- Debate 3: Is evolution necessarily progressive? -- Conclusion -- Further Reading -- 5 Accounting for Difference: Proportionality and the Margin ofAppreciation -- Debate 1: Do we need a proportionality analysis for rights adjudication? -- Debate 2: Should national authorities have a margin of appreciation in respect of human rights protection? -- Debate 3: What are the boundaries of the margin of appreciation? -- Conclusion -- Further Reading -- 6 The Convention in Times of Insecurity -- Debate 1: Does the ECHR apply in war? -- Debate 2: Does the ECHR have extraterritorial effect?.