Great Debates on the European Convention on Human Rights (Great Debates in Law, 2)

This engaging textbook provides a critical analysis of the legitimacy and effectiveness of the European Convention on Human Rights and its practical operation. In a succinct way, the book investigates questions around the legitimacy of how the European Court of Human Rights develops its law, the obligations of states to comply with its judgments, the adequacy of the Convention in securing basic goods, and the effectiveness of the system in protecting rights 'in the real world'. It assesses some under-explored areas of the Convention that are often overlooked. Presenting a number of debates about the legitimacy and effectiveness of the system in a provocative and critical style, this book encourages debate, discussion, and self-reflection on how, when and why the Convention protects human rights in Europe. An ideal text for Law students at English and Welsh universities and higher education institutions taking a module in The European Convention on Human Rights (LLB or LLM level), and for GDL/CPE students and those taking the postgraduate LPC training course. MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict Cover 1 Contents 6 Preface and Acknowledgements 10 Abbreviations 12 Table of Cases 13 Table of Legislation 20 Introduction 23 1 The Convention, the Court, and the Heart of the Matter 26 I. What is Legitimacy? 26 II. How Does the Court Operate? 35 III. How Are Judges Appointed? 41 IV. The Other Relevant Bodies 45 Conclusion 49 Further Reading 50 2 Sovereignty and Authority 51 Debate 1: Who has the final word in human rights cases: the court or the contracting parties? 51 Debate 2: What is the relationship between the EU and the ECHR? 58 Debate 3: Should the EU accede to the ECHR? 63 Debate 4: What is the relationship between the ECHR and other sources of international law? 66 Conclusion 70 Further Reading 71 3 Admissibility 72 Debate 1: How do admissibility criteria affect the Court’s legitimacy? 74 Debate 2: Who can apply to the Court? 77 Debate 3: How significant must disadvantage be? 82 Debate 4: How much discretion should the Court have in deciding admissibility? 84 Debate 5: How does admissibility relate to effectiveness? 89 Conclusion 92 Further Reading 92 4 Evolution or Revolution? 93 Debate 1: Is evolutive interpretation of the Convention necessary? 94 Debate 2: How does the Court determine the moment of evolution? 101 Debate 3: Is evolution necessarily progressive? 111 Conclusion 113 Further Reading 113 5 Accounting for Difference: Proportionality and the Margin ofAppreciation 115 Debate 1: Do we need a proportionality analysis for rights adjudication? 118 Debate 2: Should national authorities have a margin of appreciation in respect of human rights protection? 126 Debate 3: What are the boundaries of the margin of appreciation? 130 Conclusion 136 Further Reading 136 6 The Convention in Times of Insecurity 138 Debate 1: Does the ECHR apply in war? 139 Debate 2: Does the ECHR have extraterritorial effect? 142 Debate 3: Should rights be suspended in times of emergency? 153 Debate 4: Does the Convention protect people from ‘everyday insecurity’? 161 Conclusion 166 Further Reading 167 7 Socio-Economic Rights and the European Convention on Human Rights 168 Debate 1: Should the ECHR be used to protect socio-economic rights? 169 Debate 2: Can the ECHR protect socio-economic wellbeing in a time of austerity? 177 Debate 3: Can the right to non-discrimination promote socio-economic equality? 182 Conclusion 187 Further Reading 187 8 Implementing the Convention: The Execution of ECtHR Judgments 188 Debate 1: What remedies can the Court order? 189 Debate 2: Must respondent states execute judgments of the ECtHR? 196 Debate 3: Should non-respondent states give effect to ECtHRjudgments? 207 Conclusion 213 Further Reading 213