Transitional Jurisprudence and the ECHR: Justice, Politics and RightsAntoine Buyse, Michael Hamilton Cambridge University Press, 11. aug 2011 The European Convention on Human Rights has been a standard-setting text for transitions to peace and democracy in states throughout Europe. This book analyses the content, role and effects of the jurisprudence of the European Court relating to societies in transition. It features a wide range of transitional challenges, from killings by security forces in Northern Ireland to property restitution in East Central Europe, and from political upheaval in the Balkans to the position of religious minorities and Roma. Has the European Court developed a specific transitional jurisprudence? How do politics affect the ways in which the Court's judgments are implemented? Does the Court's case-law itself become woven into narratives of struggle in transitional societies? This book seeks to answer these questions by highlighting the unique role of Europe's main guardian of human rights, the Court in Strasbourg. It includes a comparison with the Inter-American and African human rights systems. |
Contents
| 1 | |
2 Transitional emergency jurisprudence | 24 |
3 Rights and victims martyrs and memories | 52 |
4 Confronting the consequences of authoritarianism and conflict | 81 |
5 Freedom of religion and democratic transition | 103 |
6 The truth the past and the present | 131 |
7 Transition political loyalties and the order of the state | 151 |
Common terms and phrases
abuses ACHPR Activity Report African Charter Appl applicant approach argued Article 14 assessment authoritarian Belfast Agreement Bosnia and Herzegovina Bulgaria Bulgarian Orthodox Church chapter Colombia communist Constitutional Court Convention on Human Council of Europe Court of Human Croatia Czech Republic decision derogation discrimination dissenting domestic ECHR EComHR ECtHR emergency European Convention European Court European Human Rights example Grand Chamber Human Rights Law human rights system human rights violations IACtHR Ibid institutions Inter-American Court International Law issues Journal of International Judge judicial judiciary jurisdiction jurisprudence Latvia Lithuania Loughgall margin of appreciation measures Militant Democracy Moldova narrative Ní Aoláin Northern Ireland paras Party political protection recognised regarding regime regional Republic Republican restitution restrictions Rights Law Review role Roma rule of law Sajó Sinn Féin situation social society Strasbourg Teitel tion transitional context transitional jurisprudence Transitional Justice transitional processes truth commissions Turkey victims violation of Article Ždanoka