The ECHR and Human Rights Theory; Routledge Research in Human Rights Law; Title; Copyright; Dedication; Contents; Acknowledgements; Abbreviations; Chapter 1: Introduction: Human rights theory and the challenge of the ECHR; 1.1 The need for determinacy; 1.2 The need for practice-responsiveness; 1.3 The main argument; 1.4 The neglect of the ECHR in human rights theory; 1.5 The ECHR: ethical and political?; 1.6 The justificatory deficit of human rights qua law; 1.7 The plan of the book; Notes; Chapter 2: Ethical theories of human rights and their practice-independence
2.1 Griffin's moral conception2.2 Griffin's normative scope; 2.3 Forst's ethical variant; Notes; Chapter 3: Political theories and their practice-dependence; 3.1 The global perspective; 3.2 The emerging global practice of human rights; 3.3 Beitz's analytical account; 3.4 Beitz's normative model; 3.5 The practice-based distinction; Notes; Chapter 4: Theorizing human rights: A constructivist proposal; 4.1 Constructivism qua justification; 4.2 Constructivism qua method of justification; 4.3 Theorizing human rights: a constructivist proposal; Notes; Chapter 5: The ECHR in historical perspective
5.1 The "alarm bell" against totalitarianism5.2 The Convention proposal at the legislative and intergovernmental levels; 5.3 The embryonic practice of the ECtHR; 5.4 The 1970s: the slow establishment of a supranational judicial authority; 5.5 The explosion of human rights and the need for structural reform; Notes; Chapter 6: The normativity of ECHR law; 6.1 Normativity and authority; 6.2 Human rights norms qua international legal norms; 6.3 The ECHR qua international human rights treaty; 6.4 The ECtHR qua international judicial organ; Notes
Chapter 7: Interpretation at the ECtHR: Setting the stage7.1 The semantic exercise; 7.2 From the VCLT principles to the quest for moral truths; 7.3 The "teleological" doctrine: a quest for moral truths?; Notes; Chapter 8: Balancing and justification at the ECtHR: The pivotal concept of "democratic necessity"; 8.1 The balancing test and the margin of appreciation doctrine; 8.2 "Democratic society" and the internal concept of sovereignty: Article 10 (expression); 8.3 Article 11 (assembly and association); 8.4 Article 3 Protocol 1 (free elections)
8.5 "Democratic society" and the external concept of sovereignty: Article 9 (freedom of thought and religion)8.6 Article 8 (Privacy); Notes; Chapter 9: Conclusion: Constructing the normative foundations of the ECHR; 9.1 Three steps towards reconciliation; 9.2 Step one: the resources of the political conception; 9.3 Step two: the resources of the moral conception; 9.4 Step three: the reconciliation thesis; Notes; Bibliography; Index
