Vassilis P. Tzevelekos Edited by Panos KapotasCambridge University Press, 1/17/2019EAN 9781108473323, ISBN10: 1108473326Hardcover, 480 pages, 23.5 x 15.7 x 2.9 cmLanguage: EnglishShould prisoners have voting rights? Should terminally ill patients have a right to assisted suicide? Should same-sex couples have a right to marry and adopt? The book examines how such questions can be resolved within the framework of the European Convention of Human Rights. 'European consensus' is a tool of interpretation used by the European Court of Human Rights as a means to identify evolution in the laws and practices of national legal systems when addressing morally sensitive or politically controversial human rights questions. If European consensus exists, the Court can establish new human rights standards that will be binding across European states. The chapters of the book are structured around three themes: a) conceptualisation of European consensus, its modus operandi and its effects; b) critical evaluation of its legitimacy and of its outputs; c) comparison with similar methods of judicial interpretation in other legal systems.Preface Christos L. RozakisIntroduction1. How (difficult is it) to build consensus on (European) consensus? Panos Kapotas and Vassilis P. TzevelekosPart I. Understanding European ConsensusMeaning, Function, Mechanics, History2. European consensusnew horizons Kanstantsin Dzehtsiarou3. Consensus in the legitimacy-building era of the European Court of Human Rights Ed Bates4. Consensus, stasis, evolutionreconstructing argumentative patterns in evolutive ECHR jurisprudence Christian Djeffal5. The consensus argument in NGOs' Amicus Curiae Briefsdefending minorities through a creatively used majoritarian argument Laura Van den Eynde6. Determining the content of the European consensus conceptthe hidden role of language Jaroslav Větrovský7. How the ECtHR's use of European consensus considerations allows legitimacy concerns to delimit its mandate Kristin Henrard8. Borges' Pierre Menard, Author of the Quixote and the idea of a European consensus Sionaidh Douglas-ScottPart II. Appraising European ConsensusLegitimacy and National Divergence9. A better signpost, not a better walking stickhow to evaluate the European consensus doctrine Andreas Føllesdal10. Constructive consensus and domestic democracy Thomas Kleinlein11. The European consensus doctrine and the ECtHR quest for public confidence Or Bassok12. Can European consensus encourage acceptance of the European convention on human rights in the United Kingdom? Merris Amos13. When to use European consensusassessing the differential treatment of minority groups by the European Court of Human Rights Dimitrios Kagiaros14. When the European Court of Human Rights decides not to decidethe cautionary tale of A, B and C v. Ireland and referendum-emergent constitutional provisions Fiona de LondrasPart III. Consensus Analysis Outside the ECHR System15. The Inter-American Court of Human Rights' tentative search for Latin American consensus Lucas Lixinski16. National consensus and the eighth amendmentis there something to be learned from the United States Supreme Court Jaka Kukavica17. Levels of generality in the comparative reasoning of the European Court of Human Rights and the European Court of Justicetowards judicial reflective equilibrium Jens T. Theilen18. Consensus as challenge and retraction of rightscan lessons be drawn from – and for – EU citizenship law? Niamh Nic ShuibhneConclusion19. Building consensus on European consensus Conor Gearty.
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