Great Debates on the European Convention on Human Rights

Cover
Contents
Preface and Acknowledgements
Abbreviations
Table of Cases
Table of Legislation
Introduction
1 The Convention, the Court, and the Heart of the Matter
	I. What is Legitimacy?
	II. How Does the Court Operate?
	III. How Are Judges Appointed?
	IV. The Other Relevant Bodies
	Conclusion
	Further Reading
2 Sovereignty and Authority
	Debate 1: Who has the final word in human rights cases: the court or the contracting parties?
	Debate 2: What is the relationship between the EU and the ECHR?
	Debate 3: Should the EU accede to the ECHR?
	Debate 4: What is the relationship between the ECHR and other sources of international law?
	Conclusion
	Further Reading
3 Admissibility
	Debate 1: How do admissibility criteria affect the Court’s legitimacy?
	Debate 2: Who can apply to the Court?
	Debate 3: How significant must disadvantage be?
	Debate 4: How much discretion should the Court have in deciding admissibility?
	Debate 5: How does admissibility relate to effectiveness?
	Conclusion
	Further Reading
4 Evolution or Revolution?
	Debate 1: Is evolutive interpretation of the Convention necessary?
	Debate 2: How does the Court determine the moment of evolution?
	Debate 3: Is evolution necessarily progressive?
	Conclusion
	Further Reading
5 Accounting for Difference: Proportionality and the Margin ofAppreciation
	Debate 1: Do we need a proportionality analysis for rights adjudication?
	Debate 2: Should national authorities have a margin of appreciation in respect of human rights protection?
	Debate 3: What are the boundaries of the margin of appreciation?
	Conclusion
	Further Reading
6 The Convention in Times of Insecurity
	Debate 1: Does the ECHR apply in war?
	Debate 2: Does the ECHR have extraterritorial effect?
	Debate 3: Should rights be suspended in times of emergency?
	Debate 4: Does the Convention protect people from ‘everyday insecurity’?
	Conclusion
	Further Reading
7 Socio-Economic Rights and the European Convention on Human Rights
	Debate 1: Should the ECHR be used to protect socio-economic rights?
	Debate 2: Can the ECHR protect socio-economic wellbeing in a time of austerity?
	Debate 3: Can the right to non-discrimination promote socio-economic equality?
	Conclusion
	Further Reading
8 Implementing the Convention: The Execution of ECtHR Judgments
	Debate 1: What remedies can the Court order?
	Debate 2: Must respondent states execute judgments of the ECtHR?
	Debate 3: Should non-respondent states give effect to ECtHRjudgments?
	Conclusion
	Further Reading