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The Reform of Treaty Revision Procedures: The European Convention on the Future of Europ e

Lars Hoffmann and Anna Vergés‐bausili

in The State of the European Union, 6: Law, Politics, and Society

Published in print:
2003
Published Online:
April 2004
ISBN:
9780199257409
eISBN:
9780191600951
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019925740X.003.0006
Subject:
Political Science, European Union

Examines the European Convention (the European Convention on the Future of Europe) within the process of constitutional reform in the EU, with an emphasis on the institutionalization of treaty ... More


The State of the European Union, 6: Law, Politics, and Society

Tanja A. Börzel and Rachel A. Cichowski (eds)

Published in print:
2003
Published Online:
April 2004
ISBN:
9780199257409
eISBN:
9780191600951
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/019925740X.001.0001
Subject:
Political Science, European Union

This is the sixth volume in the biennial series State of the European Union, which was launched in 1991 and is produced under the auspices of the European Union Studies Association (EUSA). It takes ... More


Europe: On the Search for its Legitimacy

Erik O. Eriksen

in The Unfinished Democratization of Europe

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199572519
eISBN:
9780191722400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572519.003.0004
Subject:
Political Science, European Union, Democratization

This chapter addresses the legitimacy problems of the Union and how they can be alleviated. The EU, as every system of domination, is in need of justification, but this may take different forms and ... More


The Art of Political Manipulation in the European Convention

George Tsebelis and Sven-Oliver Proksch

in Reforming the European Union: Realizing the Impossible

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691153926
eISBN:
9781400842506
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691153926.003.0004
Subject:
Political Science, International Relations and Politics

This chapter describes how the first procedural impossibility of reforming European institutions was removed. It examines how the Convention leadership was able to structure an unprecedented ... More


Prosecution under the European Convention on Human Rights

Anja Seibert-Fohr

in Prosecuting Serious Human Rights Violations

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199569328
eISBN:
9780191721502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569328.003.0004
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

An increasing number of cases before the European Court of Human Rights challenge flaws in criminal proceedings. This chapter analyses the role of prosecution and punishment under the European ... More


The Open Architecture of European Human Rights Law

Nico Krisch

in Beyond Constitutionalism: The Pluralist Structure of Postnational Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199228317
eISBN:
9780191594793
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228317.003.0004
Subject:
Law, Constitutional and Administrative Law, Public International Law

Chapter 4 analyses the European human rights regime, often regarded as a prime example of constitutionalization beyond the state. At closer inspection, this description turns out to be misguided—the ... More


The Child's Right to Privacy and Article 8 European Convention on Human Rights

Kirsty Hughes

in Law and Childhood Studies: Current Legal Issues Volume 14

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199652501
eISBN:
9780191739217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652501.003.0026
Subject:
Law, Family Law, Human Rights and Immigration

This chapter looks at the child's right to privacy. It argues that whilst in theory children have a right to privacy under Article 8 European Convention on Human Rights (ECHR), in practice there is ... More


Is a Constitutional Environmental Right Necessary? A European Perspective

Tim Hayward

in Constitutional Environmental Rights

Published in print:
2004
Published Online:
July 2005
ISBN:
9780199278688
eISBN:
9780191602757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199278687.003.0006
Subject:
Political Science, Political Theory

Addresses the doubt about whether, even if legitimately enforceable, a constitutional right to an adequate environment is necessary. The European Union (EU) is taken as a context in which that doubt ... More


Legitimate Diversity: The New Challenge of European Integratio n

Fritz W. Sccharpf

in The State of the European Union, 6: Law, Politics, and Society

Published in print:
2003
Published Online:
April 2004
ISBN:
9780199257409
eISBN:
9780191600951
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019925740X.003.0004
Subject:
Political Science, European Union

Illustrates why the present institutional framework of the EU is no longer able to face new policy challenges. Provides an overview of general modes of EU policy‐making and then addresses concrete ... More


Revealing Constitutional Preferences in the European Convention

Sven-Oliver Proksch

in Reforming the European Union: Realizing the Impossible

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691153926
eISBN:
9781400842506
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691153926.003.0003
Subject:
Political Science, International Relations and Politics

This chapter examines agenda control in the European Convention from a positional, rather than an institutional, angle. Convention President Valéry Giscard d'Estaing's ability to extract so many ... More


The Reception Process in Ireland and the United Kingdom

Samantha Besson

in A Europe of Rights: The Impact of the ECHR on National Legal Systems

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199535262
eISBN:
9780191715723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199535262.003.0002
Subject:
Law, Human Rights and Immigration

This chapter examines the reception of the ECHR in the UK and Ireland both before and after incorporation. Both countries incorporated the ECHR using roughly the same model. One might have assumed ... More


Human Rights

Iain McLean

in What's Wrong with the British Constitution?

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199546954
eISBN:
9780191720031
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546954.003.0011
Subject:
Political Science, Comparative Politics, UK Politics

Creation of the Council of Europe in the shadow of Nuremburg. History of gradual UK incorporation. European Court of Human Rights. Human Rights Act 1998. Human rights and unpopular minorities. Growth ... More


From the European Convention to the Lisbon Agreement and Beyond: A Veto Player Analysis

George Tsebelis

in Reforming the European Union: Realizing the Impossible

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691153926
eISBN:
9781400842506
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691153926.003.0002
Subject:
Political Science, International Relations and Politics

This chapter compares the policy and political outcomes that followed from the institutional structures generated by the European Convention, the Treaty of Lisbon, and the default outcome of a ... More


The United Kingdom and the Human Rights Act (1998)

David Erdos

in Delegating Rights Protection: The Rise of Bills of Rights in the Westminster World

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199557769
eISBN:
9780191594380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199557769.003.0007
Subject:
Political Science, Comparative Politics

This chapter examines the socio‐politics of bill of rights debates and outcomes in the United Kingdom including, in particular, the origins of the Human Rights Act (HRA) (1998). Following a brief ... More


Freedom from Discrimination

Brice Dickson

in The European Convention on Human Rights and the Conflict in Northern Ireland

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199571383
eISBN:
9780191721854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571383.003.0012
Subject:
Law, Human Rights and Immigration

This chapter discusses discrimination in Northern Ireland. Topics covered include religious and political discrimination, the relevance of the European Convention, the absence of any challenge to the ... More


The Fight against Trafficking in Persons and Victims' Protection in the Council of Europe

Silvia Scarpa

in Trafficking in Human Beings: Modern Slavery

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199541904
eISBN:
9780191715464
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199541904.003.0005
Subject:
Law, Human Rights and Immigration

This chapter reviews the action of the Council of Europe in the field of trafficking in persons. The European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) adopted by ... More


The Strasbourg Perspective and its Effect on the Court of Justice: Is Mutual Respect Enough?

Robin CA White

in Continuity and Change in EU Law: Essays in Honour of Sir Francis Jacobs

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199219032
eISBN:
9780191711862
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199219032.003.0008
Subject:
Law, EU Law

This chapter focuses on the relationship between the Strasbourg Court and the European Court of Justice. Specifically, it addresses the question of whether mutual respect between the two Courts is ... More


The Evolution of the European Convention on Human Rights and Fundamental Freedoms

Ed Bates

in The Evolution of the European Convention on Human Rights: From Its Inception to the Creation of a Permanent Court of Human Rights

Published in print:
2010
Published Online:
September 2011
ISBN:
9780199207992
eISBN:
9780191728440
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207992.003.0001
Subject:
Law, Human Rights and Immigration, EU Law

This chapter provides an overview of the story of the evolution of the European Convention on Human Rights. It comments on the current crisis facing the Court. It then discusses the origins of the ... More


The Reception Process in France and Germany

Elisabeth Lambert Abdelgawad and Anne Weber

in A Europe of Rights: The Impact of the ECHR on National Legal Systems

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199535262
eISBN:
9780191715723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199535262.003.0003
Subject:
Law, Human Rights and Immigration

This chapter discusses the reception of the ECHR in France and Germany. Although both States have been active supporters of human rights and have been close partners in the construction of Europe, ... More


Domestic Violence, Contact, and the ECHR

Shazia Choudhry

in Law and Childhood Studies: Current Legal Issues Volume 14

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199652501
eISBN:
9780191739217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652501.003.0020
Subject:
Law, Family Law, Human Rights and Immigration

The effect of domestic violence upon children has become an issue of serious concern. Research has demonstrated that children can experience domestic violence not only as direct victims but also as ... More


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