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" related to democracy and political rights. 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: Paperback / softback
Length: 424 pages
Publication date: 25 September 2023
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 political rights and electoral justice offer valuable insights into the status and sustainability of democracy within a state. By analyzing these violations, the book enables a thorough comparison between the two regional human rights systems, shedding light on their distinct approaches and outcomes.

Furthermore, the book recognizes the broader consequences of non-implementation of judgments, including their impact on socio-economic aspects. To address this, a section is dedicated to examining how judgments issued by the ECtHR and the IACtHR influence 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 provides a deep understanding of the interplay between human rights, democracy, and political participation, offering valuable insights for policymakers and practitioners seeking to promote democratic governance and uphold the rule.

Weight: 453g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032134475