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This book critically appraises the European Convention on Human Rights at a time of considerable change.
This book critically appraises the European Convention on Human Rights as it faces some daunting challenges. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War, and that these are now to articulate an 'abstract constitutional model' for the entire continent, and to promote convergence in the operation of public institutions at every level of governance. The implications - from national compliance, to European international relations, including the adjudication of disputes by the European Court of Human Rights - are fully explored. As the first book-length socio-legal examination of the Convention's principal achievements and failures, this study not only blends legal and social science scholarship around the theme of constitutionalization, but also offers a coherent set of policy proposals which both address the current case-management crisis and suggest ways forward neglected by recent reforms.
Review quote:
'Professor Greer's new book is wonderful. It is a much needed work, expertly and objectively appraising the history and performance of the European Convention and Court of Human Rights, and intelligently setting out a thought-provoking agenda for their reform. The book will be extraordinarily useful both for those interested in the Strasbourg legal system and for anyone curious about the potential for international human rights law in today's world' Mark Weston Janis, William F. Starr Professor of Law, University of Connecticut
'Professor Greer's arguments and proposals will surely command much attention from all of the actors in this process: national authorities, the institutions of the Council of Europe, the Court itself, and civil society - I commend Professor Greer for this excellent book, and commend it to all those to whom the Convention's present and future are entrusted. ' Luzius Wildhaber, President of the European Court of Human Rights
'Professor Greer's book makes a major contribution to framing the 21st century debate on the European Convention on Human Rights. It provides not only cogent assessments of achievements and shortcomings to date, but also thought-provoking proposals for enhancing European human rights protection in the future.' Colm Campbell (Prof), Transitional Justice Institute, University of Ulster
Table of contents:
1. The first half century; 2. Convention compliance; 3. The applications and enforcement of judgment processes; 4. The method of adjudication; 5. The jurisprudence; 6. Improving compliance; 7. Conclusion.
This book critically appraises the European Convention on Human Rights as it faces some daunting challenges. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War, and that these are now to articulate an 'abstract constitutional model' for the entire continent, and to promote convergence in the operation of public institutions at every level of governance. The implications - from national compliance, to European international relations, including the adjudication of disputes by the European Court of Human Rights - are fully explored. As the first book-length socio-legal examination of the Convention's principal achievements and failures, this study not only blends legal and social science scholarship around the theme of constitutionalization, but also offers a coherent set of policy proposals which both address the current case-management crisis and suggest ways forward neglected by recent reforms.
Review quote:
'Professor Greer's new book is wonderful. It is a much needed work, expertly and objectively appraising the history and performance of the European Convention and Court of Human Rights, and intelligently setting out a thought-provoking agenda for their reform. The book will be extraordinarily useful both for those interested in the Strasbourg legal system and for anyone curious about the potential for international human rights law in today's world' Mark Weston Janis, William F. Starr Professor of Law, University of Connecticut
'Professor Greer's arguments and proposals will surely command much attention from all of the actors in this process: national authorities, the institutions of the Council of Europe, the Court itself, and civil society - I commend Professor Greer for this excellent book, and commend it to all those to whom the Convention's present and future are entrusted. ' Luzius Wildhaber, President of the European Court of Human Rights
'Professor Greer's book makes a major contribution to framing the 21st century debate on the European Convention on Human Rights. It provides not only cogent assessments of achievements and shortcomings to date, but also thought-provoking proposals for enhancing European human rights protection in the future.' Colm Campbell (Prof), Transitional Justice Institute, University of Ulster
Table of contents:
1. The first half century; 2. Convention compliance; 3. The applications and enforcement of judgment processes; 4. The method of adjudication; 5. The jurisprudence; 6. Improving compliance; 7. Conclusion.
'Professor Greer's new book is wonderful. It is a much needed work, expertly and objectively appraising the history and performance of the European Convention and Court of Human Rights, and intelligently setting out a thought-provoking agenda for their reform. The book will be extraordinarily useful both for those interested in the Strasbourg legal system and for anyone curious about the potential for international human rights law in today's world' Mark Weston Janis, William F. Starr Professor of Law, University of Connecticut