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Can the European Court of Human Rights Shape European Public Order?

Can the European Court of Human Rights Shape European Public Order?

作者： Kanstantsin Dzehtsiarou
出版商： Cambridge University Press
ISBN: 9781108497367
出版时间 December 2021
规格： Hardback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only

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In this book, Kanstantsin Dzehtsiarou argues that from the legal perspective, the formula 'European Public Order' is excessively vague and does not have an identifiable meaning; therefore, it should not be used by the Court in its reasoning. However, European Public Order can also be understood as an analytical concept which does not require a clearly defined content. In this sense, the European Court of Human Rights can impact European Public Order but cannot strategically shape it. The Court's impact is a by-product of individual cases which create a feedback loop with the Contracting States. European Public Order is impacted as a result of their interaction. This book uses a wide range of sources and evidence to substantiate its core arguments: from a comprehensive analysis of the Court's case law to the research interviews with the judges of the European Court of Human Rights.
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

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