1st Edition
The ECHR and Human Rights Theory Reconciling the Moral and the Political Conceptions
By Alain Zysset
Copyright 2017
253 Pages
by
Routledge
265 Pages
by
Routledge
265 Pages
by
Routledge
Also available as eBook on:
The European Convention of Human Rights (ECHR) has been relatively neglected in the field of normative human rights theory. This book aims to bridge the gap between human rights theory and the practice of the ECHR. In order to do so, it tests the two overarching approaches in human rights theory literature: the ethical and the political, against the practice of the ECHR ‘system’. The book also... Read more
1. Introduction 2. The Short History of International Human Rights 3. The Long History of (Human) Rights 4.Ethical Theories and Their Practice-Independence 5. Political Theories and Their Practice-Dependence 6.Theorizing Human Rights: A Constructivist Proposal 7. The ECHR in Historical Perspective 8. The Normativity of ECHR Law 9. Interpretation at the ECtHR: Setting the Stage 10. Balancing and Justification at the ECtHR: The Pivotal Concept of ‘Democratic Necessity' 11. Conclusion: Consolidating Sovereignty, Equality and Agency
Biography
Alain Zysset is a Max Weber Fellow at the European University Institute (EUI) in Florence, Italy.
