A Cosmopolitan Legal Order

Download or Read eBook A Cosmopolitan Legal Order PDF written by Alec Stone Sweet and published by Oxford University Press. This book was released on 2018-05-01 with total page 305 pages. Available in PDF, EPUB and Kindle.
A Cosmopolitan Legal Order
Author :
Publisher : Oxford University Press
Total Pages : 305
Release :
ISBN-10 : 9780192559166
ISBN-13 : 0192559168
Rating : 4/5 (66 Downloads)

Book Synopsis A Cosmopolitan Legal Order by : Alec Stone Sweet

Book excerpt: In this book, Alec Stone Sweet and Clare 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 European Court of Human Rights (ECtHR) 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.


A Cosmopolitan Legal Order Related Books

A Cosmopolitan Legal Order
Language: en
Pages: 305
Authors: Alec Stone Sweet
Categories: Law
Type: BOOK - Published: 2018-05-01 - Publisher: Oxford University Press

DOWNLOAD EBOOK

In this book, Alec Stone Sweet and Clare Ryan provide an accessible introduction to Kantian constitutional theory and the law and politics of European rights pr
Kant's Cosmopolitan Theory of Law and Peace
Language: en
Pages: 16
Authors: Otfried Höffe
Categories: History
Type: BOOK - Published: 2006-02-13 - Publisher: Cambridge University Press

DOWNLOAD EBOOK

Publisher Description
A Cosmopolitan Jurisprudence
Language: en
Pages: 325
Authors: Helge Dedek
Categories: Law
Type: BOOK - Published: 2021-12-16 - Publisher: Cambridge University Press

DOWNLOAD EBOOK

Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.
Human Rights Protection in the European Legal Order
Language: en
Pages: 0
Authors: Patricia Popelier
Categories: Human rights
Type: BOOK - Published: 2011 - Publisher:

DOWNLOAD EBOOK

Ensuring the protection of human rights in Europe has become a highly complex exercise. Where courts are faced with a human rights claim, they not only have to
Jewish Memory And the Cosmopolitan Order
Language: en
Pages: 211
Authors: Natan Sznaider
Categories: History
Type: BOOK - Published: 2011-09-26 - Publisher: Polity

DOWNLOAD EBOOK

Natan Sznaider offers a highly original account of Jewish memory and politics before and after the Holocaust. It seeks to recover an aspect of Jewish identity t