Law, Democracy and the European Court of Human Rights

Rory O'Connell

doi:10.1017/9781139547246

Law, Democracy and the European Court of Human Rights examines the political rights jurisprudence of the European Court of Human Rights. It discusses how the Court supports a liberal representative and substantive model of democracy, and outlines the potential for the Court to interpret the Convention so as to support more deliberative, participatory and inclusive democratic practices. The book commences with an overview of different theories of democracy and then discusses the origins of the Council of Europe and the Convention and presents the basic principles on the interpretation and application of the Convention. Subsequent chapters explore issues around free expression, free assembly and association, the scope of the electoral rights, the right to vote, the right to run for election and issues about electoral systems. Issues discussed include rights relating to referendums, voting rights for prisoners and non-nationals, trade union rights and freedom of information.

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Contents

Reviews
pp i-ii
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Law, Democracy and the European Court of Human Rights
pp iii-iv
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Law, Democracy and the European Court of Human Rights - Title page
pp v-v
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Copyright page
pp vi-vi
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Dedication
pp vii-viii
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Contents
pp ix-xii
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Acknowledgements
pp xiii-xiv
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Table of Cases
pp xv-xxiv
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Table of Treaty Provisions
pp xxv-xxviii
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Abbreviations
pp xxix-xxx
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Introduction
pp 1-4
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1 - Theories of Democracy
pp 5-32
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2 - Council, Convention and Court
pp 33-64
Origins and Evolution
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3 - European Principles of Interpretation and Application
pp 65-83
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4 - Freedom of Expression
pp 84-119
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5 - Association, Assembly and Political Parties
pp 120-142
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6 - Scope of the Electoral Rights
pp 143-165
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7 - The Right to Vote
pp 166-203
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8 - The Right to Run for Election
pp 204-227
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9 - Regulation of Elections
pp 228-267
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Conclusion: Deliberation, Inclusion and Participation
pp 268-280
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Bibliography
pp 281-286
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Index
pp 287-290
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Contents

Reviews
pp i-ii

Law, Democracy and the European Court of Human Rights
pp iii-iv

Law, Democracy and the European Court of Human Rights - Title page
pp v-v

Copyright page
pp vi-vi

Dedication
pp vii-viii

Contents
pp ix-xii

Acknowledgements
pp xiii-xiv

Table of Cases
pp xv-xxiv

Table of Treaty Provisions
pp xxv-xxviii

Abbreviations
pp xxix-xxx

Introduction
pp 1-4

1 - Theories of Democracy
pp 5-32

2 - Council, Convention and Court
pp 33-64

3 - European Principles of Interpretation and Application
pp 65-83

4 - Freedom of Expression
pp 84-119

5 - Association, Assembly and Political Parties
pp 120-142

6 - Scope of the Electoral Rights
pp 143-165

7 - The Right to Vote
pp 166-203

8 - The Right to Run for Election
pp 204-227

9 - Regulation of Elections
pp 228-267

Conclusion: Deliberation, Inclusion and Participation
pp 268-280

Bibliography
pp 281-286

Index
pp 287-290

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Law, Democracy and the European Court of Human Rights

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