European Consensus Between Strategy and Principle

Released on by Jens T. Theilen
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  • European Consensus Between Strategy and Principle Book Detail

  • Author : Jens T. Theilen
  • Release Date : 2021
  • Publisher : Nomos Verlagsgesellschaft
  • Genre : Human rights
  • Pages : 0
  • ISBN 13 : 9783848780914
  • File Size : 2,2 MB
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European Consensus Between Strategy and Principle by Jens T. Theilen PDF Summary

Book Description: This study offers a critical account of the reasoning employed by the European Court of Human Rights, particularly its references to European consensus. Based on an in-depth analysis of the Court's case-law against the backdrop of human rights theory, it will be of interest to both practitioners and theorists. While European consensus is often understood as providing an objective benchmark within the Court's reasoning, this study argues to the contrary that it forms part of the very structures of argument that render human rights law indeterminate. It suggests that foregrounding consensus and the Court's legitimacy serves to entrench the status quo and puts forward novel ways of approaching human rights to enable social transformation.

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EU Values Before the Court of Justice

EU Values Before the Court of Justice

File Size : 54,54 MB
Total View : 3066 Views
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The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a