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Human rights in the Council of Europe and the EU: towards 'individual', 'constitutional' or 'institutional' justice?
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Greer, Steven and Williams, A. T. (2009) Human rights in the Council of Europe and the EU: towards 'individual', 'constitutional' or 'institutional' justice? European Law Journal, Vol.15 (No.4). pp. 462-481. doi:10.1111/j.1468-0386.2009.00473.x ISSN 1351-5993.
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Official URL: http://dx.doi.org/10.1111/j.1468-0386.2009.00473.x
Abstract
The European Convention on Human Rights, promulgated by the Council of Europe in 1950, is widely regarded as the world's most successful experiment in the trans-national judicial protection of human rights. The EU's much more recent judicial and political interest in human rights has also been widely welcomed. Yet, while the crisis currently afflicting the Convention system has not gone unnoticed, the same cannot equally be said of the difficulties presented by the increasing interpenetration of the two systems. Amongst the few who have shown some interest in these problems, the dominant view is that good will and common sense will provide adequate solutions. We disagree. Instead, we detect a gathering crisis which, unless properly analysed and effectively tackled, will only deepen as the EU's interest in human rights develops further. In our view, the problem is essentially conceptual and that, ultimately, it boils down to a much-neglected question, simple to state but not so easy to answer: is the trans-national protection of human rights in Europe a matter of 'individual', 'constitutional' or 'institutional' justice?.
Item Type: | Journal Article | ||||
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Subjects: | K Law [LC] | ||||
Divisions: | Faculty of Social Sciences > School of Law | ||||
Journal or Publication Title: | European Law Journal | ||||
Publisher: | Wiley-Blackwell Publishing, Inc. | ||||
ISSN: | 1351-5993 | ||||
Official Date: | July 2009 | ||||
Dates: |
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Volume: | Vol.15 | ||||
Number: | No.4 | ||||
Number of Pages: | 20 | ||||
Page Range: | pp. 462-481 | ||||
DOI: | 10.1111/j.1468-0386.2009.00473.x | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Restricted or Subscription Access |
Data sourced from Thomson Reuters' Web of Knowledge
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