A People's History of the European Court of Human Rights / Edition 1

by Michael Goldhaber

Overview

The exceptionality of America’s Supreme Court has long been conventional wisdom. But the United States Supreme Court is no longer the only one changing the landscape of public rights and values. Over the past thirty years, the European Court of Human Rights has developed an ambitious, American-style body of law. Unheralded by the mass press, this obscure tribunal in Strasbourg, France has become, in many ways, the Supreme Court of Europe.

Michael Goldhaber introduces American audiences to the judicial arm of the Council of Europe—a group distinct from the European Union, and much larger—whose mission is centered on interpreting the European Convention on Human Rights. The Council routinely confronts nations over their most culturally-sensitive, hot-button issues. It has stared down France on the issue of Muslim immigration; Ireland on abortion; Greece on Greek Orthodoxy; Turkey on Kurdish separatism; Austria on Nazism; and Britain on gay rights and corporal punishment. And what is most extraordinary is that nations commonly comply.

In the battle for the world’s conscience, Goldhaber shows how the court in Strasbourg may be pulling ahead.

Product Details

ISBN-13:	9780813539836
Publisher:	Rutgers University Press
Publication date:	04/10/2007
Edition description:	New Edition
Pages:	215
Product dimensions:	6.00(w) x 9.00(h) x 0.90(d)

About the Author

Michael D. Goldhaber is a contributing editor at The American Lawyer magazine, where he previously served as Chief European Correspondent and Senior International Correspondent. Mr. Goldhaber is a graduate of Columbia Journalism School (1997), Yale Law School (1993), and Harvard College (summa cum laude, 1990). He writes widely on legal affairs, with a focus on human rights and international arbitration. 

Table of Contents

Acknowledgments

Introduction
Part I. The Expanding Ambit of Personal Life
1. Why Bastard?
2. When Irish Eyes Are Crying
3. Gay in a Time of Troubles
4. Dudgeon's Children
5. The Greening of Europe?
6. Dumb Immigrants

Part II. The Rights of Expression
7. Minos and Jehovah
8. Recovered Memories
9. Mohammed Comes to Strasbourg

Part III. State Violence
10. The Death Penalty, Mutilation, and the Whip
11. The Original Hooded Men
12. The Tortures of Aksoy
13. Two Faces of Kurdish Feminism

Part IV. Challenges for the Future
14. The Chechen Challenge
15. The Roma Challenge

Part V. Concluding Thoughts
16. A Constitutional Identity for Europe
17. Human Rights in Europe and America 

Sources
Index

Editorial Reviews

Apart from the legal issues, the stories of lives shattered by torturers are compelling and poignant . . . [G]eneral readers will be rewarded by its lively content and readability. Highly recommended.

Choice

If you haven't come across this book, all the stories behind the cases are here. It is often funny and always moving, written in a light style that celebrates all those that made the Strasbourg caselaw.

European Human Rights Law Review - Jonathan Cooper

A one-of-a kind account of Strasbourg law.

William F. Starr Professor of Law, University of Connecticut School of Law - Mark Janis

A wonderfully written and researched book that celebrates Europe's achievements in defending human rights through the stories of the victims who took their complaints to the European Court of Human Rights.

Human Rights Centre, University of Essex - Professor Kevin Boyle

We in the United States, who have watched the deterioration of constitutional rights in the absence of strong judicial oversight, can learn from the remarkable example of the European Court of Human Rights in this wonderful book.

Howard Zinn

A gripping account of the stories behind the cases that have made European human rights jurisprudence the force for moral good that it is today.

director of the Centre for the Study of Human Rights, London School of Economics - Conor Gearty