Transitional Jurisprudence and the ECHR: Justice, Politics and Rights
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The European Convention on Human Rights
has been a standard-setting text for transitions to peace and democracy in
states throughout Europe. This book analyses the content, role and effects of
the jurisprudence of the European Court relating to societies in transition. It
features a wide range of transitional challenges, from killings by security
forces in Northern Ireland to property restitution in East Central Europe, and
from political upheaval in the Balkans to the position of religious minorities
and Roma. Has the European Court developed a specific transitional
jurisprudence? How do politics affect the ways in which the Court's judgments
are implemented? Does the Court's case-law itself become woven into narratives
of struggle in transitional societies? This book seeks to answer these questions
by highlighting the unique role of Europe's main guardian of human rights, the
Court in Strasbourg. It includes a comparison with the Inter-American and
African human rights systems.
