Skip to content
Cart

Your Cart

×

You have 0 items in your cart.

Register Sign in Wishlist
The International Human Rights Judiciary and National Parliaments

The International Human Rights Judiciary and National Parliaments
Europe and Beyond

£95.00

Part of Studies on Human Rights Conventions

Matthew Saul, Andreas Føllesdal, Geir Ulfstein, Kirsten Roberts Lyer, Philippa Webb, Jürg Steiner, Alice Donald, Theresa Squatrito, Amrei Muller, Colin Murray, Nino Tsereteli, Leiv Marsteintredet,, Ed Bates Colm O'Cinneide
View all contributors
  • Date Published: October 2017
  • availability: In stock
  • format: Hardback
  • isbn: 9781107183742

£ 95.00
Hardback

Add to cart Add to wishlist

Other available formats:
eBook


Looking for an inspection copy?

This title is not currently available on inspection

Description
Product filter button
Description
Contents
Resources
Courses
About the Authors
  • The emerging international human rights judiciary (IHRJ) threatens national democratic processes and 'hollows out' the scope of domestic and democratic decision-making, some argue. This new analysis confronts this head on by examining the interplay between national parliaments and the IHRJ, proposing that it advances parliament's efforts. Taking Europe and the European Court of Human Rights as its focus - drawing on theory, doctrine and practice - the authors answer a series of key questions. What role should parliaments play in realising human rights? Which factors influence the effects of the IHRJ on national parliaments' efforts? How can the IHRJ adjust its influence on parliamentary process? And what triggers the backlash against the IHRJ from parliaments and when? Here, the authors lay foundations for better informed scholarship and legal practice in the future, as well as a better understanding of how to improve the effectiveness and validity of the IHRJ.

    • Proposes a holistic view of the interplay between the international human rights judiciary and national parliaments, providing new insight into an unexplored yet significant field for scholars of law, political science and philosophy, legal officials and policymakers
    • Adds an international judicial dimension to the debate on advancing the human rights role of national parliaments, providing readers with an understanding of how bodies with regional and global focuses relate to an issue that's heavily dependent on national context
    • The study benefits from the cross fertilisation of ideas with experts that have backgrounds in law, political science and philosophy, creating material that is accessible and relevant for students and scholars interested in the legitimacy and effectiveness of international human rights adjudication
    Read more

    Customer reviews

    Not yet reviewed

    Be the first to review

    Review was not posted due to profanity

    ×

    , create a review

    (If you're not , sign out)

    Please enter the right captcha value
    Please enter a star rating.
    Your review must be a minimum of 12 words.

    How do you rate this item?

    ×

    Product details

    • Date Published: October 2017
    • format: Hardback
    • isbn: 9781107183742
    • length: 415 pages
    • dimensions: 235 x 156 x 26 mm
    • weight: 0.7kg
    • availability: In stock
  • Table of Contents

    Introduction Matthew Saul, Andreas Føllesdal and Geir Ulfstein
    Part I. The Human Rights Role of Parliaments:
    1. A transnational separation of powers? Geir Ulfstein
    2. Effective parliamentary oversight of human rights Kirsten Roberts Lyer and Philippa Webb
    3. Citizens' deliberation and human rights Jürg Steiner
    Part II. The International Human Rights Judiciary in the Practice of Parliaments:
    4. Parliaments as compliance partners in the European convention on human rights system Alice Donald
    5. Parliamentary interpretation and application of European human rights law Theresa Squatrito
    Part III. National Parliaments in the Practice of the International Human Rights Judiciary:
    6. How and when can the international human rights judiciary promote the human rights role of national parliaments? Matthew Saul
    7. Obligations to 'secure' the rights of the Convention in an 'effective political democracy': how should parliaments and domestic courts interact? Amrei Müller
    8. Shifting emergencies from the political to the legal sphere: placing the United Kingdom's derogations from the ECHR in historical context Colin Murray
    9. The role of the European Court of Human Rights in facilitating legislative change in cases of long-term delays in implementation Nino Tsereteli
    10. The Inter-American Court of Human Rights and the mobilisation of parliaments Leiv Marsteintredet
    Part IV. Managing Relations between Parliaments and the International Human Rights Judiciary:
    11. Democratic override (or rejection) and the authority of the Strasbourg court – the UK parliament and prisoner voting Ed Bates
    12. Saying 'no' to Strasbourg – when are national parliaments justified in refusing to give effect to judgments of international human rights courts? Colm O'Cinneide
    13. Law making by law breaking? A theory of parliamentary civil disobedience against international human rights courts Andreas Føllesdal
    14. Conclusion: how does, could, and should the international human rights judiciary interact with national parliaments? Matthew Saul.

  • Editors

    Matthew Saul, Universitetet i Oslo
    Matthew Saul is a Researcher at PluriCourts, a Centre of Excellence for the Study of the Legitimate Roles of the Judiciary in the Global Order at the Universitetet i Oslo. He publishes on aspects of general international law, international human rights law, and international adjudication. Saul is the editor of International Law and Dispute Settlement: New Techniques and Problems (2010), and of International Law and Post-Conflict Reconstruction Policy (2015). His monograph Popular Governance of Post-Conflict Reconstruction: The Role of International Law was published by Cambridge in 2014.

    Andreas Follesdal, Universitetet i Oslo
    Andreas Føllesdal is Professor of Political Philosophy, Faculty of Law at the Universitetet i Oslo, Principal Investigator, European Research Council Advanced Grant MultiRights 2011–16, on the Legitimacy of Multi-Level Human Rights Judiciary, and Co-Director of PluriCourts, a Centre of Excellence for the Study of the Legitimate Roles of the Judiciary in the Global Order. Føllesdal's recent publications include The Legitimacy of International Human Rights Regimes (Cambridge, 2013), and Constituting Europe: The European Court of Human Rights in a National, European and Global Context (Cambridge, 2013).

    Geir Ulfstein, Universitetet i Oslo
    Geir Ulfstein is Professor of International Law at the Department of Public and International Law, Universitetet i Oslo and Co-Director of PluriCourts – Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order, University of Oslo. He has been Director of the Norwegian Centre for Human Rights, Universitetet i Oslo (2004–2008). Ulfstein is co-editor of UN Human Rights Treaty Bodies: Law and Legitimacy (Cambridge, 2012) and Making Treaties Work: Human Rights, Environment and Arms Control (Cambridge, 2007), and co-author of The Constitutionalization of International Law (2009).

    Contributors

    Matthew Saul, Andreas Føllesdal, Geir Ulfstein, Kirsten Roberts Lyer, Philippa Webb, Jürg Steiner, Alice Donald, Theresa Squatrito, Amrei Muller, Colin Murray, Nino Tsereteli, Leiv Marsteintredet,, Ed Bates Colm O'Cinneide

Sign In

Please sign in to access your account

Cancel

Not already registered? Create an account now. ×

Sorry, this resource is locked

Please register or sign in to request access. If you are having problems accessing these resources please email lecturers@cambridge.org

Register Sign in
Please note that this file is password protected. You will be asked to input your password on the next screen.

» Proceed

You are now leaving the Cambridge University Press website. Your eBook purchase and download will be completed by our partner www.ebooks.com. Please see the permission section of the www.ebooks.com catalogue page for details of the print & copy limits on our eBooks.

Continue ×

Continue ×

Continue ×

Find content that relates to you

Are you sure you want to delete your account?

This cannot be undone.

Cancel

Thank you for your feedback which will help us improve our service.

If you requested a response, we will make sure to get back to you shortly.

×
Please fill in the required fields in your feedback submission.
×