Book contents
- Can the European Court of Human Rights Shape European Public Order?
- Cambridge Studies in European Law and Policy
- Can the European Court of Human Rights Shape European Public Order?
- Copyright page
- Dedication
- Contents
- Brief Contents
- Series Editors’ Preface
- Acknowledgements
- Table of Cases
- Abbreviations
- 1 Introduction
- 2 European Public Order in the Case Law of the European Court of Human Rights
- 3 Defining European Public Order: An Impossible Task
- 4 The Function of the European Court of Human Rights
- 5 Institutional Infrastructure of the European Court of Human Rights and Its Ability to Shape European Public Order
- 6 Views of the ECtHR Judges on Their Role in Shaping European Public Order
- 7 Conclusion
- Appendix List of Judges Approached to Be Interviewed for This Monograph
- Index
1 - Introduction
Published online by Cambridge University Press: 25 November 2021
- Can the European Court of Human Rights Shape European Public Order?
- Cambridge Studies in European Law and Policy
- Can the European Court of Human Rights Shape European Public Order?
- Copyright page
- Dedication
- Contents
- Brief Contents
- Series Editors’ Preface
- Acknowledgements
- Table of Cases
- Abbreviations
- 1 Introduction
- 2 European Public Order in the Case Law of the European Court of Human Rights
- 3 Defining European Public Order: An Impossible Task
- 4 The Function of the European Court of Human Rights
- 5 Institutional Infrastructure of the European Court of Human Rights and Its Ability to Shape European Public Order
- 6 Views of the ECtHR Judges on Their Role in Shaping European Public Order
- 7 Conclusion
- Appendix List of Judges Approached to Be Interviewed for This Monograph
- Index
Summary
The European Court of Human Rights (ECtHR or the Court) makes a difference in Europe. It creates standards that are applicable in the forty-seven contracting parties to the European Convention on Human Rights (ECHR or Convention). The impact of the ECtHR has been extensively explored in academic literature. The Court intervenes in the most fundamental, sensitive and controversial issues that the European nations debate; it sets the standards for how European authorities should treat people under their jurisdiction; it creates and maintains the meaning of European human rights and develops the legal ideology of human rights protection. According to the Court, the Convention is a constitutional instrument of European public order. Having said all this, there are limits to what the Court can do and how far it can intervene within European public order. The key questions that this book is posing are what exactly does European public order mean and how can it be shaped; and, more importantly, should an institution like the ECtHR aim to shape it?
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- Publisher: Cambridge University PressPrint publication year: 2021