The Right to Political Participation: A Study of the Judgments of the European and Inter-American Courts of Human Rights

This book compares how judgments from the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) affect political participation and electoral justice at the national level. It analyzes the legal impact of these judgments on specific countries, focusing on cases where the regional court uses the "democratic argument." The book also explores how judgments affect voters' participation in the countries under their jurisdiction. It is multidisciplinary in aim and scope of analysis and will be an invaluable resource for researchers, academics, and policy-makers.

Format: Hardback
Length: 424 pages
Publication date: 28 January 2022
Publisher: Taylor & Francis Ltd

This comprehensive book delves into a comparative analysis of how judgments from the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) impact political participation and electoral justice at the national level. By examining the legal implications of these judgments in specific countries, the work seeks to understand the profound effects of these regional courts on democratic governance.

The book begins by exploring the concept of the "democratic argument," which is closely linked to the enforcement of political rights and electoral justice. Recognizing that democracy encompasses a broader spectrum, the authors argue that judgments related to violations of these rights provide valuable indicators of the status and sustainability of democracy in a particular state. By analyzing these violations, the book enables a thorough comparison between the two regional human rights systems, shedding light on their similarities and differences.

Furthermore, the book recognizes the broader consequences of non-implementation of judgments, including their impact on socio-economic development. To address this issue, a section is dedicated to examining how judgments issued by the ECtHR and the IACtHR affect voters' participation in the countries under their jurisdiction. An original dataset, encompassing 47 Member States of the Council of Europe and 20 countries that recognized the adjudicatory jurisdiction of the IACtHR, is constructed to support this analysis.

Multidisciplinary in its approach and scope of analysis, this book is an invaluable resource for researchers, academics, and policy-makers engaged in the fields of constitutional law, international human rights law, and political economy. It offers a deep understanding of the interplay between human rights, democracy, and political participation, providing insights that can inform and shape policy decisions and practices worldwide.

Weight: 971g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032134444