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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


An English Judge in Europe

Mary Arden

in Human Rights and European Law: Building New Legal Orders

Published in print:
2015
Published Online:
March 2015
ISBN:
9780198728573
eISBN:
9780191795411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198728573.003.0021
Subject:
Law, Human Rights and Immigration, EU Law

Judges nowadays must deal with case law from the two European supranational courts in Strasbourg and Luxembourg as well as domestic law. The growth of EU law and Strasbourg case law has been ... More


‘Strasbourg Has Spoken’

Worth Matravers

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0012
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter explores the attitudes of the Law Lords/Justices of the Supreme Court, and in particular that of Lord Rodger, to the jurisprudence of the Strasbourg Court. It discusses the Human Rights ... More


Human rights cases – disabled people: a detailed analysis (UK, European and international)

Luke Clements and Janet Read

in Disabled people and European human rights: A review of the implications of the 1998 Human Rights Act for disabled children and adults in the UK

Published in print:
2003
Published Online:
March 2012
ISBN:
9781861344250
eISBN:
9781447302087
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781861344250.003.0004
Subject:
Sociology, Social Stratification, Inequality, and Mobility

This chapter aims to identify and review the court and tribunal decisions that are directly relevant to the human rights of disabled people. These are mostly the judgments of the European Court of ... More


Media Intrusion and Human Rights: Striking the Balance

Mary Arden

in Human Rights and European Law: Building New Legal Orders

Published in print:
2015
Published Online:
March 2015
ISBN:
9780198728573
eISBN:
9780191795411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198728573.003.0016
Subject:
Law, Human Rights and Immigration, EU Law

This chapter considers some of the achievements of the European Court of Human Rights in the area of media intrusion. The Strasbourg Court has made an enormous contribution in the field of freedom of ... More


Not-so-Threatening Foreigners: Nationality as a Core Human Rights Issue: (Advisory Opinion 4/84)

Marie-Bénédicte Dembour

in When Humans Become Migrants: Study of the European Court of Human Rights with an Inter-American Counterpoint

Published in print:
2015
Published Online:
May 2015
ISBN:
9780199667833
eISBN:
9780191748660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199667833.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter considers the first ruling of the Inter-American Court on a migrant issue. This ruling, adopted under the advisory jurisdiction of the Inter-American Court in 1984, concerned conditions ... More


Conclusion: The Way Forward

Marie-Bénédicte Dembour

in When Humans Become Migrants: Study of the European Court of Human Rights with an Inter-American Counterpoint

Published in print:
2015
Published Online:
May 2015
ISBN:
9780199667833
eISBN:
9780191748660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199667833.003.0018
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter presents some final thoughts. It considers whether a convergence between the Inter-American Court of Human Rights and the European Court of Human Rights is likely to take place in the ... More


Common Law in the Age of Human Rights

Mary Arden

in Human Rights and European Law: Building New Legal Orders

Published in print:
2015
Published Online:
March 2015
ISBN:
9780198728573
eISBN:
9780191795411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198728573.003.0002
Subject:
Law, Human Rights and Immigration, EU Law

The principal provisions of the Human Rights Act 1998 came into effect in England and Wales on 2 October 2000. After that date the courts were not able to act in a way which was incompatible with the ... More


Introduction and Overview

Alec Stone Sweet and Clare Ryan

in A Cosmopolitan Legal Order: Kant, Constitutional Justice, and the European Convention on Human Rights

Published in print:
2018
Published Online:
June 2018
ISBN:
9780198825340
eISBN:
9780191864049
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825340.003.0001
Subject:
Law, Constitutional and Administrative Law

This introductory chapter defines the concept of a cosmopolitan legal order (CLO), and provides a summary overview of the book. A CLO is a transnational legal system in which justiciable rights are ... More


Liberty Intact: Human Rights in English Law

Michael Tugendhat

Published in print:
2016
Published Online:
February 2017
ISBN:
9780198790990
eISBN:
9780191833403
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198790990.001.0001
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

This short history of human rights for lawyers, and others interested in history and politics, shows that they are British rights, not because Britons invented these ‘rights of mankind’, but because ... More


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