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European Populism and Human Rights

Edited by: Jure Vidmar

ISBN13: 9789004416000
Published: February 2020
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: Price on Application



This volume focuses on the recent challenge posed by right-wing populism to democratic consolidation in Europe and particularly explores the legal dimensions of this challenge.

Part One attempts to define political populism and explains why it poses a challenge to democratic political order in Europe. Part Two examines the theoretical underpinnings of the populist challenge to human rights and democracy in Europe. Part Three applies this theory to concrete examples and considers case studies including an old EU Member State, two newer EU Member States and a non-EU Member State party to the ECHR.

The aim is to examin the consequences of the present populist challenge in Europe that has been marked with excessively nationalist policies in some states party to the ECHR. It is explored how the Convention rights have been undermined, but also what the limitations are of the ECHR acting as a safety-net for democratic consolidation in Europe.

Subjects:
Human Rights and Civil Liberties
Contents:
Democracy and the European Public Order
Jure Vidmar
Defining Populism as a Human Rights Problem
Populism and Universal Human Rights Law
Theo van Boven
Diversity in Europe: from Pluralism to Populism?
Yvonne Donders
The Public Participant versus the Populist Government of an Illiberal Democracy
Otto Spijkers
Enough about Populism
Luigi Lonardo
How Populism Affects Human Rights Standards: Theory
The Democratic Potential of Transnational Populism
Laura M. Henderson
Franternité (dé -) naissante: Populist Potentialities of Human Rights
Yota Negishi
Freedom or Transformation? Conflicting Tendencies in United Nations Human Rights Discourse
Gustavo Arosemena
How Populism Affects Human Rights Standards: Application
Political Rhetoric, Freedom of Expression and Hate Speech against Religious Believers
Erica Howard
The European Court of Human Rights and the Rise of Authoritarianism in Russia
Amrei Müller
The Effect of Populism on the Rule of Law, Separation of Powers and Judicial Independence in Hungary and Poland
Stoyan Panov
“In the Eyes of the Perpetrator”: Judicial Recognition of the Identity-Based Nature of Genocide
Carola Lingaas
Final Remarks on Populism’s Effect on Human Rights and Democracy in Europe
Jure Vidmar