Can the European Court of Human Rights Shape European Public Order?
Published on 2. December 2021
Book
Hardback
252 pages
978-1-108-49736-7 (ISBN)
Description
In this book, Kanstantsin Dzehtsiarou argues that, from the legal perspective, the formula 'European public order' is excessively vague and does not have an identifiable meaning; therefore, it should not be used by the European Court of Human Rights (ECtHR) in its reasoning. However, European public order can also be understood as an analytical concept which does not require a clearly defined content. In this sense, the ECtHR can impact European public order but cannot strategically shape it. The Court's impact is a by-product of individual cases which create a feedback loop with the contracting states. European public order is influenced as a result of interaction between the Court and the contracting parties. This book uses a wide range of sources and evidence to substantiate its core arguments: from a comprehensive analysis of the Court's case law to research interviews with the judges of the ECtHR.
Reviews / Votes
'The book does what has not been done before: it deeply scrutinises the term 'European public order' and argues that the use of the term by the ECtHR in a vague and inconsistent manner undermines the legitimacy of the Court and its judgments.' Ebru Demir, Nordic Journal of Human RightsMore details
Series
Language
English
Place of publication
Cambridge
United Kingdom
Target group
Professional and scholarly
Illustrations
Worked examples or Exercises
Dimensions
Height: 235 mm
Width: 157 mm
Thickness: 18 mm
Weight
521 gr
ISBN-13
978-1-108-49736-7 (9781108497367)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Kanstantsin Dzehtsiarou
Can the European Court of Human Rights Shape European Public Order?
E-Book
11/2021
Cambridge University Press
€89.99
Available for download
Kanstantsin Dzehtsiarou
Can the European Court of Human Rights Shape European Public Order?
E-Book
11/2021
Cambridge University Press
€89.99
Available for download
Person
Kanstantsin Dzehtsiarou is a professor in human rights law at the University of Liverpool. His research interests include interpretation of the European Convention on Human Rights, reform of the European Court, administration of international justice, and comparative constitutional law. Kanstantsin is an editor-in-chief of the European Convention on Human Rights Law Review.
Content
1. Introduction; 2. European Public Order in the Case Law of the European Court of Human Rights; 3. Defining European Public Order: An Impossible Task; 4. The Function of the European Court of Human Rights; 5. Institutional Infrastructure of the European Court of Human Rights and Its Ability to Shape European Public Order; 6. Views of the ECtHR Judges on their Role in Shaping European Public Order; 7. Conclusion.