Justice as Legitimacy in the European Court of Human Rights
In: Forthcoming in LEGITIMACY AND INTERNATIONAL COURTS (Harlan Cohen & Nienke Grossman eds., Cambridge University Press 2015)
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In: Forthcoming in LEGITIMACY AND INTERNATIONAL COURTS (Harlan Cohen & Nienke Grossman eds., Cambridge University Press 2015)
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In: Max Planck Encyclopedia of International Procedural Law, 2019
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In: International Legal Dimension of Terrorism, S. 417-424
In: Cambridge studies in European law and policy
Core Socio-Economic Rights and the European Court of Human Rights deals with socio-economic rights in the context of the jurisprudence of the European Court of Human Rights (ECtHR). The book connects the ECtHR's socio-economic case law to an understanding of the Court's responsibility to recognize the limitations of supranational rights adjudication while protecting the most needy. By exploring the idea of core rights protection in constitutional and international law, a new perspective is developed that offers suggestions for improving the ECtHR's reasoning in socio-economic cases as well as contributing to the debate on indivisible rights adjudication in an age of 'rights inflation' and proportionality review. Core Socio-Economic Rights and the European Court of Human Rights will interest scholars and practitioners dealing with fundamental rights and especially those interested in judicial reasoning, socio-economic and supranational rights protection
In: Published in: Christophe Geiger, Craig A. Nard and Xavier Seuba (eds.), "Intellectual Property and the Judiciary", EIPIN series Vol. 4, Cheltenham (UK)/Northampton, MA (USA), Edward Elgar Publishing, 2018, pp. 9-90.
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Working paper
In: iCourts Working Paper Series, No. 247
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In: Human rights quarterly, Band 35, Heft 1, S. 176-200
ISSN: 1085-794X
The social psychological theory of procedural justice emphasizes the fundamental importance of procedural fairness judgments in shaping citizens' satisfaction and compliance with the outcome of a legal process and in strengthening the legitimacy of legal institutions. This article explores the benefit of applying procedural justice criteria (participation, neutrality, respect, and trust) in human rights adjudication, with a particular focus on the European Court of Human Rights (ECtHR). It is argued that the ECtHR should take these criteria into account both at the level of its own proceedings and in evaluating how human rights have been dealt with at the domestic level.
In: Helmut Philipp Aust and Esra Demir-Gürsel (eds.), The European Court of Human Rights: Current Challenges in Historical Perspective, Edward Elgar 2021, Forthcoming
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Blog: UCL Uncovering Politics
This week we're looking at the European Court of Human Rights. What is it? Does it provide adequate justice to victims? And what should we make of the ongoing debates in the UK about its role?
In: International journal of human rights, Band 3, Heft 1, S. 98-153
ISSN: 1364-2987
In: International journal of human rights, Band 3, Heft 3, S. 132-149
ISSN: 1364-2987
In: International journal of human rights, Band 3, Heft 4, S. 101-131
ISSN: 1364-2987
In: International journal of human rights, Band 2, Heft 4, S. 93-158
ISSN: 1364-2987
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.