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The Resource Strategies of compliance with the European Court of Human Rights : rational choice within normative constraints, Andreas von Staden

Strategies of compliance with the European Court of Human Rights : rational choice within normative constraints, Andreas von Staden

Label
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
Title remainder
rational choice within normative constraints
Statement of responsibility
Andreas von Staden
Creator
Author
Subject
Language
eng
Summary
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, the author 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, the author details how governments, legislators, and domestic judges respond 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, the author argues that the question of whether to comply with a judgment needs to be analyzed separated from the question of how to comply. According to the author, 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
Member of
Cataloging source
PU/DLC
http://library.link/vocab/creatorDate
1970-
http://library.link/vocab/creatorName
Von Staden, Andreas
Illustrations
illustrations
Index
index present
Literary form
non fiction
Nature of contents
bibliography
Series statement
Pennsylvania studies in human rights
http://library.link/vocab/subjectName
  • European Court of Human Rights
  • European Court of Human Rights
  • Compliance
  • Human rights
  • Human rights
  • Effectiveness and validity of law
  • International law and human rights
  • Compliance
  • Effectiveness and validity of law
  • Human rights
  • International law and human rights
  • Europe
  • Germany
  • Great Britain
Label
Strategies of compliance with the European Court of Human Rights : rational choice within normative constraints, Andreas von Staden
Instantiates
Publication
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Dimensions
24 cm.
Extent
vi, 342 pages
Isbn
9780812250282
Lccn
2017056089
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
Note
GOBI Library Solutions from EBSCO
System control number
(OCoLC)1006800340
Label
Strategies of compliance with the European Court of Human Rights : rational choice within normative constraints, Andreas von Staden
Publication
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Dimensions
24 cm.
Extent
vi, 342 pages
Isbn
9780812250282
Lccn
2017056089
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
Note
GOBI Library Solutions from EBSCO
System control number
(OCoLC)1006800340

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      39.954941 -75.193362
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