Buch, Englisch, 240 Seiten, Format (B × H): 138 mm x 216 mm
Kant, Constitutional Justice, and the European Convention on Human Rights
Buch, Englisch, 240 Seiten, Format (B × H): 138 mm x 216 mm
ISBN: 978-0-19-882535-7
Verlag: Oxford University Press, USA
individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. Such an order was instantiated in Europe through the combined effects of Protocol no.
11 (1998) to the European Court of Human Rights (ECtHR) and the incorporation of the Convention into national law.
The authors then describe and assess the strengthening of the European Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to the "qualified" rights covering privacy and family life, and the freedoms of expression, conscience, and religion; the robust enforcement of the "absolute" rights, including the prohibition of torture and inhuman treatment; and its determined efforts to render justice to all people that come under its
jurisdiction, including non-citizens whose rights are violated beyond Europe. Today, the Strasbourg Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.