An introduction to Immanuel Kant's constitutional theory, and to the European system of rights protection, this book explains how the European Court of Human Rights (ECtHR) has become the most active and important rights-protecting court in the world through its manifestation as a Kantian cosmopolitan legal order.
An introduction to Immanuel Kant's constitutional theory, and to the European system of rights protection, this book explains how the European Court of Human Rights (ECtHR) has become the most active and important rights-protecting court in the world through its manifestation as a Kantian cosmopolitan legal order.
Alec Stone Sweet, Saw Swee Hock Centennial Professor of Law, National University of Singapore, and Clare Ryan, Assistant Professor of Law, Louisiana State University Paul M. Hebert Law Center Alec Stone Sweet is Saw Swee Hock Centennial Professor of Law, National University of Singapore, and Senior Research Fellow, the Yale Law School. He is the author of The Birth of Judicial Politics in France, Governing with Judges: Constitutional Politics in Europe, On Law, Politics, and Judicialization, The Judicial Construction of Europe, The Evolution of International Arbitration: Judicialization, Governance, Legitimacy, and the co-editor of European Integration and Supranational Governance, The Institutionalization of Europe, and A Europe of Rights: The Impact of the European Convention on Human Rights on National Legal Systems, all published by Oxford University Press. Clare Ryan is an Assistant Professor of Law at the Louisiana State University Paul M. Hebert Law Center. Her research interests include family law, comparative law, and European legal institutions. She was a Visiting Assistant Professor of Political Science at Macalester College and clerked for the Hon. M. Margaret McKeown of the Ninth Circuit and served as a Robina Human Rights Fellow at the European Court of Human Rights in Strasbourg, France, where she clerked for the Hon. András Sajó of Hungary.
Inhaltsangabe
Introduction and Overview Part I: Kantian Imperatives 1: Perpetual Peace and the Cosmopolitan Constitution 2: A Kantian System of Constitutional Justice 3: Transnational Justice and Constitutional Pluralism Part II: The European Convention on Human Rights 4: Beyond Individual Justice 5: Beyond Rights Minimalism 6: Beyond Borders Conclusions
Introduction and Overview Part I: Kantian Imperatives 1: Perpetual Peace and the Cosmopolitan Constitution 2: A Kantian System of Constitutional Justice 3: Transnational Justice and Constitutional Pluralism Part II: The European Convention on Human Rights 4: Beyond Individual Justice 5: Beyond Rights Minimalism 6: Beyond Borders Conclusions
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