The ECHR and human rights theory : reconciling the moral and political conceptions

Resource Information

The work The ECHR and human rights theory : reconciling the moral and political conceptions represents a distinct intellectual or artistic creation found in European University Institute. This resource is a combination of several types including: Work, Language Material, Books.

Label

The ECHR and human rights theory : reconciling the moral and political conceptions

Title remainder

reconciling the moral and political conceptions

Statement of responsibility

Alain Zysset

Title variation

European Convention on Human Rights and human rights theory

Creator

• Zysset, Alain

Subject

• Democracy -- European Union countries -- Philosophy
• European Court of Human Rights
• Human rights -- European Union countries -- Philosophy
• Human rights -- Moral and ethical aspects -- European Union countries
• Human rights -- Political aspects -- European Union countries
• Convention for the Protection of Human Rights and Fundamental Freedoms, (1950 November 5)

Language

eng

Summary

The European Convention of Human Rights (ECHR) has been relatively neglected in the field of normative human rights theory. This book aims to bridge the gap between human rights theory and the practice of the ECHR. In order to do so, it tests the two overarching approaches in human rights theory literature: the ethical and the political, against the practice of the ECHR ‘system’. The book also addresses the history of the ECHR and the European Court of Human Rights (ECtHR) as an international legal and political institution. The book offers a democratic defence of the authority of the ECtHR. It illustrates how a conception of democracy – more specifically, the egalitarian argument for democracy developed by Thomas Christiano on the domestic level – can illuminate the reasoning of the Court, including the allocation of the margin of appreciation on a significant number of issues. Alain Zysset argues that the justification of the authority of the ECtHR – its prominent status in the domestic legal orders – reinforces the democratic process within States Parties, thereby consolidating our status as political equals in those legal and political orders. --

Member of

• Routledge research in human rights law

Assigning source

Provided by publisher

Cataloging source

DLC

Index

index present

Literary form

non fiction

Nature of contents

bibliography

Series statement

Routledge research in human rights law