Tuesday, 17 November 2020

New Book on Law, Democracy and the ECtHR

Rory O'Connell (Ulster University) has published a new monograph entitled Law, Democracy and the European Court of Human Rights with Cambridge University Press. O'Connell is an esteemed colleague over at the Transitional Justice Institute in Belfast - where I had the pleasure of being a guest researcher in the past - is an expert on the intersection of democracy and the ECHR. This is the book's abstract:

'Law, Democracy and the European Court of Human Rights examines the political rights jurisprudence of the European Court of Human Rights. It discusses how the Court supports a liberal representative and substantive model of democracy, and outlines the potential for the Court to interpret the Convention so as to support more deliberative, participatory and inclusive democratic practices. The book commences with an overview of different theories of democracy and then discusses the origins of the Council of Europe and the Convention and presents the basic principles on the interpretation and application of the Convention. Subsequent chapters explore issues around free expression, free assembly and association, the scope of the electoral rights, the right to vote, the right to run for election and issues about electoral systems. Issues discussed include rights relating to referendums, voting rights for prisoners and non-nationals, trade union rights and freedom of information.
  • Discusses the European Convention on Human Rights in the context of democratic theories and will appeal to those interested not just in the black letter of the European Convention law but also wider theoretical debates
  • Features a detailed presentation of case law on political and electoral rights that will provide readers with an in-depth understanding of multiple issues relating to the political process as seen through the lens of the European Convention on Human Rights
  • Discusses the potential for more deliberative, participatory and inclusive models of democracy'

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