Non-Fiction Books:

A Cosmopolitan Legal Order

Kant, Constitutional Justice, and the European Convention on Human Rights
Click to share your rating 0 ratings (0.0/5.0 average) Thanks for your vote!

Format:

Hardback
$270.00
Available from supplier

The item is brand new and in-stock with one of our preferred suppliers. The item will ship from a Mighty Ape warehouse within the timeframe shown.

Usually ships in 3-4 weeks
Free Delivery with Primate
Join Now

Free 14 day free trial, cancel anytime.

Buy Now, Pay Later with:

4 payments of $67.50 with Afterpay Learn more

6 weekly interest-free payments of $45.00 with Laybuy Learn more

Availability

Delivering to:

Estimated arrival:

  • Around 11-21 June using International Courier

Description

In this book, Stone Sweet and Ryan provide an accessible introduction to Kantian constitutional theory and the law and politics of European rights protection. Part I sets out Kant's blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. Such an order was instantiated in Europe through the combined effects of Protocol no. 11 (1998) to the ECHR and the incorporation of the Convention into national law. The authors then describe and assess the strengthening of the European Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to the "qualified" rights covering privacy and family life, and the freedoms of expression, conscience, and religion; the robust enforcement of the "absolute" rights, including the prohibition of torture and inhuman treatment; and its determined efforts to render justice to all people that come under its jurisdiction, including non-citizens whose rights are violated beyond Europe. Today, the Strasbourg Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.

Author Biography:

Alec Stone Sweet is Saw Swee Hock Centennial Professor of Law, National University of Singapore, and Senior Research Fellow, the Yale Law School. He is the author of The Birth of Judicial Politics in France, Governing with Judges: Constitutional Politics in Europe, On Law, Politics, and Judicialization, The Judicial Construction of Europe, The Evolution of International Arbitration: Judicialization, Governance, Legitimacy, and the co-editor of European Integration and Supranational Governance, The Institutionalization of Europe, and A Europe of Rights: The Impact of the European Convention on Human Rights on National Legal Systems, all published by Oxford University Press. Clare Ryan is a Ph.D. in Law candidate at Yale. Her research interests include family law, comparative law, and European legal institutions. She was a Visiting Assistant Professor of Political Science at Macalester College and clerked for the Hon. M. Margaret McKeown of the Ninth Circuit and served as a Robina Human Rights Fellow at the European Court of Human Rights in Strasbourg, France, where she clerked for the Hon. András Sajó of Hungary.
Release date NZ
May 31st, 2018
Pages
300
Audience
  • Postgraduate, Research & Scholarly
Dimensions
146x223x23
ISBN-13
9780198825340
Product ID
27882599

Customer reviews

Nobody has reviewed this product yet. You could be the first!

Write a Review

Marketplace listings

There are no Marketplace listings available for this product currently.
Already own it? Create a free listing and pay just 9% commission when it sells!

Sell Yours Here

Help & options

Filed under...