Download this Paper Open PDF in Browser

Europe's Constitutional Mosaic: Human Rights in the European Legal Space

Europe's Constitutional Mosaic (Hart publishing, 2011) eds. Shaw, Tierney and Walker

Oxford Legal Studies Research Paper No. 79/2014

38 Pages Posted: 26 Jun 2014  

Sionaidh Douglas-Scott

University of Oxford - Faculty of Law; Queen Mary University of London

Date Written: January 24, 2011

Abstract

This chapter seeks to analyse and interrogate the varying regimes and processes which exist regarding human rights protection across the European continent, to highlight the problem spots and fault-lines and to suggest mechanisms whereby the worst outcomes may be avoided. In order to do this, I proceed by way of three different analyses. First, what does it mean to have a ‘European’ human rights regime? This enquiry questions whether, in presenting such a regime as ‘European’, we thereby render incoherent and dilute in value different human rights protections which are too diverse to be grouped together in this way. Secondly, this chapter asks whether the increasing use of the term ‘constitutional’ in this context is justified? And if so, what added value does it lend to human rights protection in Europe? Thirdly, if we acknowledge a European ‘mosaic’ in this context, as a means of capturing this diverse and complex state of affairs, what then emerges from such a reading – from acknowledgment of juxtaposition, contrast, overlap – an overall picture capable of coherence, or a situation verging towards chaos and entropy?

Keywords: Human Rights, European Union, European Convention on Human Rights, law and the image, EU Charter on Fundamental Rights, post-communist states membership of EU and ECHR, constitutions and constitutionalism

Suggested Citation

Douglas-Scott, Sionaidh, Europe's Constitutional Mosaic: Human Rights in the European Legal Space (January 24, 2011). Europe's Constitutional Mosaic (Hart publishing, 2011) eds. Shaw, Tierney and Walker; Oxford Legal Studies Research Paper No. 79/2014. Available at SSRN: https://ssrn.com/abstract=2458372

Sionaidh Douglas-Scott (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

Queen Mary University of London ( email )

School of Economics and Finance
Mile End Road
London, E1 4NS
United Kingdom

Paper statistics

Downloads
85
Rank
249,731
Abstract Views
449