04243nam a22006375i 4500 978-3-031-71268-5 DE-He213 20251030114604.0 cr nn 008mamaa 241205s2024 sz | s |||| 0|eng d 9783031712685 978-3-031-71268-5 10.1007/978-3-031-71268-5 doi K7000-7720.22 LB bicssc LAM bicssc LAW051000 bisacsh LB thema LAM thema Simonelli, Marco Antonio. author. aut http://id.loc.gov/vocabulary/relators/aut 88578 The European Court of Human Rights and Constitutional Courts [electronic resource] : A Study on the ECtHR Case Law / by Marco Antonio Simonelli. 1st ed. 2024. Cham : Springer Nature Switzerland : Imprint: Springer, 2024. X, 237 p. 25 illus., 24 illus. in color. online resource. text txt rdacontent computer c rdamedia online resource cr rdacarrier text file PDF rda Ius Gentium: Comparative Perspectives on Law and Justice, 2214-9902 ; 120 Introduction -- The Relationship between Strasbourg and Constitutional Courts. Qualitative and Quantitative Aspects -- The ECtHR and Constitutional Courts of Consolidated Western Democracies -- The Constitutional Courts of New Democracies -- The ECtHR and National Constitutional Courts. Horizontal and Vertical Interactions -- Concluding Remarks. This book investigates the relationship between the European Court of Human Rights (ECtHR) and national constitutional courts by providing a more general assessment as seen from the former’s perspective. Adopting an empirical approach, the book reviews all the case law of the ECtHR in which constitutional courts are cited. This represents more than 3,000 rulings spanning more than fifty years, from the establishment of the Strasbourg Court in 1959 – when only three constitutional courts were active – to 1 January 2023, when there were more than thirty active constitutional courts in the Council of Europe’s Member States. This wide-ranging empirical study pursue several different goals. First, the book provides a quantitative assessment of the relevance of constitutional courts in ECtHR case law and presents weighted data on the frequency and chronological evolution of the citations, as well as individual statistics for each national constitutional court. Second, it assesses the extent of the rationalisation of constitutional justice systems conducted by the Strasbourg Court and defines the standards and elements of the right to a fair constitutional trial under Article 6 ECHR. Finally, combining this extensive dataset with qualitative analysis, the book evaluates how the Strasbourg Court interacts with each constitutional jurisdiction and provides a qualitative assessment of this relationship from the standpoint of Strasbourg case law. Private international law. 65660 Conflict of laws. 65661 International law. 58292 Comparative law. 65662 Constitutional law. Human rights. 58427 Civil rights. 58419 European communities. 68209 Private International Law, International and Foreign Law, Comparative Law. 65667 Constitutional Law. Human Rights. 58427 European Fundamental Rights and Freedoms. 68210 SpringerLink (Online service) Springer Nature eBook Printed edition: 9783031712678 Printed edition: 9783031712692 Printed edition: 9783031712708 Ius Gentium: Comparative Perspectives on Law and Justice, 2214-9902 ; 120 14932 https://doi.org/10.1007/978-3-031-71268-5 ZDB-2-LCR ZDB-2-SXLC 65507 65507