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Andreas von Sta Strategies of Compliance with the European Court of H (Hardback)
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Item specifics
- Condition
- Brand New: A new, unread, unused book in perfect condition with no missing or damaged pages. See all condition definitionsopens in a new window or tab
- Book Title
- Strategies of Compliance with the European Court of Human Rights
- Publication Name
- Strategies of Compliance with the European Court of Human Rights : Rational Choice Within Normative Constraints
- Title
- Strategies of Compliance with the European Court of Human Rights
- Subtitle
- Rational Choice Within Normative Constraints
- Format
- Hardcover
- ISBN-10
- 0812250281
- EAN
- 9780812250282
- ISBN
- 9780812250282
- Publisher
- University of Pennsylvania Press
- Genre
- Law & Politics
- Release Year
- 2018
- Release Date
- 11/06/2018
- Language
- English
- Country/Region of Manufacture
- US
- Item Height
- 1.2 in
- Item Length
- 9.3 in
- Series
- Pennsylvania Studies in Human Rights Ser.
- Subject Area
- Law, Political Science
- Subject
- Human Rights, General Practice
- Publication Year
- 2018
- Type
- Textbook
- Item Weight
- 25.1 Oz
- Item Width
- 6.4 in
- Number of Pages
- 352 Pages
About this product
Product Information
In Strategies of Compliance with the European Court of Human Rights , Andreas von Staden looks at the nature of human rights challenges in two enduring liberal democracies--Germany and the United Kingdom. Employing an ambitious data set that covers the compliance status of all European Court of Human Rights judgments rendered until 2015, von Staden presents a cross-national overview of compliance that illustrates a strong correlation between the quality of a country's democracy and the rate at which judgments have met compliance. Tracing the impact of violations in Germany and the United Kingdom specifically, he details how governments, legislators, and domestic judges responded to the court's demands for either financial compensation or changes to laws, policies, and practices. Framing his analysis in the context of the long-standing international relations debate between rationalists who argue that actions are dictated by an actor's preferences and cost-benefit calculations, and constructivists, who emphasize the influence of norms on behavior, von Staden argues that the question of whether to comply with a judgment needs to be analyzed separately from the question of how to comply. According to von Staden, constructivist reasoning best explains why Germany and the United Kingdom are motivated to comply with the European Court of Human Rights judgments, while rationalist reasoning in most cases accounts for how these countries bring their laws, policies, and practices into sufficient compliance for their cases to be closed. When complying with adverse decisions while also exploiting all available options to minimize their domestic impact, liberal democracies are thus both norm-abiding and rational-instrumentalist at the same time--in other words, they choose their compliance strategies rationally within the normative constraint of having to comply with the Court's judgments.
Product Identifiers
Publisher
University of Pennsylvania Press
ISBN-10
0812250281
ISBN-13
9780812250282
eBay Product ID (ePID)
239569109
Product Key Features
Number of Pages
352 Pages
Language
English
Publication Name
Strategies of Compliance with the European Court of Human Rights : Rational Choice Within Normative Constraints
Publication Year
2018
Subject
Human Rights, General Practice
Type
Textbook
Subject Area
Law, Political Science
Series
Pennsylvania Studies in Human Rights Ser.
Format
Hardcover
Dimensions
Item Height
1.2 in
Item Weight
25.1 Oz
Item Length
9.3 in
Item Width
6.4 in
Additional Product Features
Intended Audience
College Audience
LCCN
2017-056089
Dewey Edition
23
Reviews
"Using deep case studies of the compliance by Germany and the United Kingdom with judgments of the European Court of Human Rights, Andreas von Staden merges theories of rationalism and constructivism in innovative and sensible ways."--Laurence R. Helfer, Duke University, "Andreas von Staden empirically and theoretically identifies important trends in the way international and national institutions interact to mediate outcomes that affect important aspects of individual lives. His book is a welcome contribution to the literature on European judicial politics because it takes seriously the impact of European institutional judgements on domestic law and practices."--Lisa Conant, University of Denver, Andreas von Staden empirically and theoretically identifies important trends in the way international and national institutions interact to mediate outcomes that affect important aspects of individual lives. His book is a welcome contribution to the literature on European judicial politics because it takes seriously the impact of European institutional judgements on domestic law and practices., Using deep case studies of the compliance by Germany and the United Kingdom with judgments of the European Court of Human Rights, Andreas von Staden merges theories of rationalism and constructivism in innovative and sensible ways.
Illustrated
Yes
Dewey Decimal
342.4108
Lc Classification Number
Kjc5138.S725 2018
Table of Content
Introduction. The Convention, the Court, and Second-Order Compliance Chapter 1. Compliance Theory: Rational Choice Within Normative Constraints PART I. THE UNITED KINGDOM Chapter 2. The Uneasy Place of the ECHR and ECtHR in UK Law and Politics Chapter 3. Compliance with Just Satisfaction Awards and Individual Measures Chapter 4. Compliance with General Measures I: Sociopolitical Issues Chapter 5. Compliance with General Measures II: Security, Crime, and Justice Chapter 6. Judgments Pending Before the Committee of Ministers Chapter 7. Minimalism as the Strategy of Choice for the Reluctant Complier PART II. GERMANY Chapter 8. The Convention and Court Within Constitutionalized Rights Protection Chapter 9. Compliance with Just Satisfaction Awards and Individual Measures Chapter 10. Compliance with General Measures Chapter 11. Exploiting Choice Within a Domestic Human Rights Culture Conclusion. Human Rights Compliance as Normatively Constrained Rational Choice Appendix. Further Judgments Against the United Kingdom Notes Bibliography Index Acknowledgments
Copyright Date
2018
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