Overview

This volume focuses on the recent challenge posed by right-wing populism to democratic consolidation in Europe and particularly explores the legal dimensions of this challenge. Part One attempts to define political populism and explains why it poses a challenge to democratic political order in Europe. Part Two examines the theoretical underpinnings of the populist challenge to human rights and democracy in Europe. Part Three applies this theory to concrete examples and considers case studies including an old EU Member State, two newer EU Member States and a non-EU Member State party to the ECHR. The aim is to examin the consequences of the present populist challenge in Europe that has been marked with excessively nationalist policies in some states party to the ECHR. It is explored how the Convention rights have been undermined, but also what the limitations are of the ECHR acting as a safety-net for democratic consolidation in Europe.

Full Product Details

Author:   Jure Vidmar
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   130
Weight:   0.663kg
ISBN:  

9789004416000

ISBN 10:   9004416005
Pages:   354
Publication Date:   06 February 2020
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

Notes on Contributors 1 Democracy and the European Public Order Jure Vidmar PART 1 Defining Populism as a Human Rights Problem 2 Populism and Universal Human Rights Law Theo van Boven 3 Diversity in Europe:from Pluralism to Populism in Europe Yvonne Donders 4 The Public Participant versus the Populist Government of an Illiberal Democracy Otto Spijkers 5 Enough about Populism Luigi Lonardo PART 2 How Populism Affects Human Rights Standards: Theory 6 The Democratic Potential of Transnational Populism Laura M. Henderson 7 Fraternite (de-) naissante: Populist Potentialities of Human Rights Yota Negishi 8 Freedom or Transformation? Conflicting Tendencies in United Nations Human Rights Discourse Gustavo Arosemena PART 3 How Populism Affects Human Rights Standards: Application 9 Political Rhetoric, Freedom of Expression and Hate Speech against Religious Believers Erica Howard 10 The European Court of Human Rights and the Rise of Authoritarianism in Russia Amrei Muller 11 The Effect of Populism on the Rule of Law, Separation of Powers and Judicial Independence in Hungary and Poland Stoyan Panov 12 In the Eyes of the Perpetrator : Judicial Recognition of the Identity- Based Nature of Genocide Carola Lingaas 13 Final Remarks on Populism's Effect on Human Rights and Democracy in Europe Jure Vidmar

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Author Information

Prof. Jure Vidmar is Chair of Public International Law at the Faculty of Law, Maastricht University. He is also a Member of the Permanent Court of Arbitration in The Hague and serves as Judge ad hoc of the European Court of Human Rights.

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