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A People’s History of the European Court of Human Rights


Auteur :
Éditeur : Rutgers University Press Date & Lieu : 2007, New Brunswick
Préface : Pages : 226
Traduction : ISBN : 978-0-8135-3983-6
Langue : AnglaisFormat : 175x250 mm
Thème : Politique

Présentation
Table des Matières Introduction Identité PDF
A People’s History of the European Court of Human Rights

A People’s History of the European Court of Human Rights

Europe’s Supreme Court

The exceptionality of the United States Supreme Court has long been conventional wisdom. The dean of American Court watchers, Anthony Lewis of the New York Times, once declared, “The Supreme Court of the United States is different from all other courts, past and present. It decides fundamental social and political questions that would never be put to judges in other countries.” Lewis was self-consciously echoing the French traveler Alexis de Tocqueville, who was amazed by the reach of America’s judges in his own day. The social role of U.S. law was indeed distinctive in the 1830s, when Tocqueville published Democracy in America, and even more so in 1964, when Lewis wrote Gideon’s Trumpet, his classic tale of a simple man fighting for his rights. But the United States has changed since the civil rights era, and so has the world. Memo to Anthony Lewis and Alexis de Tocqueville: the U.S. Supreme Court today has a peer in articulating public rights and values. Arguably, the other court is setting the pace.

Over the past thirty years, the European Court of Human Rights has developed an American-style body of constitutional law, comparable in its level of ambition, and in many ways more progressive. Unheralded by the mass press, this obscure tribunal in Strasbourg, France, has become, in many ways, the Supreme Court of Europe. Interpreting the European Convention on Human Rights, it is the judicial arm of the Council of Europe— a group distinct from the European Union, and much larger. The Council of Europe is the vestige of an early postwar attempt at European unity that largely failed but is quietly succeeding in the realm of human rights. Fortysix members strong, the Council of Europe stretches from Vladivostok to Reykjavik. It includes Turkey, Russia, and the nations of the Caucasus but excludes the nations of Central Asia. It covers every nation that is at least partly in geographical Europe, except for Belarus and the Vatican. Within this area live some 800 million people, speaking at least 28 languages...


Identité

A People’s History of
the European Court
of Human Rights

MICHAEL D. GOLDHABER

Rutgers University Press
New Brunswick, New Jersey, and London

Library of Congress Cataloging-in-Publication Data
Goldhaber, Michael D.
A people’s history of the European Court of Human Rights / Michael D. Goldhaber.
p. cm.
Includes bibliographical references and index.
ISBN-13: 978-0-8135-3983-6 (hardcover : alk. paper)
1. European Court of Human Rights—History. 2. Constitutional law—Europe.
3. Courts—Europe. I. Title.
KJC5138.G64 2007
341.4’8094—dc22                         2006015373

Copyright © 2007 by Michael D. Goldhaber

All rights reserved
No part of this book may be reproduced or utilized in any form or by any means,
electronic or mechanical, or by any information storage and retrieval system,
without written permission from the publisher. Please contact Rutgers University Press,
100 Joyce Kilmer Avenue, Piscataway, NJ 08854–8099. The only exception to this
prohibition is “fair use” as defined by U.S. copyright law.

Manufactured in the United States of America


 

MICHAEL D. GOLDHABER is a contributing editor at The American Lawyer magazine, where he previously served as Chief European Correspondent and Senior International Correspondent. Mr. Goldhaber is a graduate of Columbia Journalism School (1997), Yale Law School (1993), and Harvard College (summa cum laude, 1990). He writes widely on legal affairs, with a focus on human rights and international arbitration.




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