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Contents

Published online by Cambridge University Press:  02 November 2023

Ezgi Yildiz
Ezgi Yildiz
Affiliation:
California State University, Long Beach

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Between Forbearance and Audacity
The European Court of Human Rights and the Norm against Torture
 , pp. xi - xiii
Publisher: Cambridge University Press
Print publication year: 2023
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NCCreative Common License - ND
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0 https://creativecommons.org/cclicenses/

Contents

  1. List of Figures

  2. List of Tables

  3. Foreword

  4. Acknowledgments

  5. Funding Statement

  6. List of Abbreviations

  7. Introduction: The Court Redefines Torture in Europe

    1. Case Selection: Positive Obligations under Article 3 and the European Human Rights System

    2. Charting the Transformation of the Norm against Torture and Inhuman or Degrading Treatment

    3. Toward a Theory of Court-Effectuated Legal Change

      1. Methodological Approach

      2. The Framework of Analysis

      3. Determinants of Forbearance and Audacity

      4. Conditions for Audacity

      5. Contributions

    4. The Structure of the Book

  8. 1The Conditions for Audacity

    1. The Core Component: Discretionary Space

      1. Determinants of the Width of Discretionary Space: State Control

      2. Negative Feedback and Signaling

      3. Strategies for Institutional Survival and Resilience: Between Tactical Balancing and Trade-Offs

    2. Contributing Factors for Increased Audacity

    3. Conclusion

  9. 2Inside the Court: Its Trade-Offs and Zone of Discretion

    1. Who Is the Court?

    2. European Court at Different Phases of Its Existence

      1. The Old Court, 1959–1998: An Institution Built upon a Compromise

      2. The New Court: From Euphoria to Reform

    3. Conclusion

  10. 3Mapping Out Norm Change

    1. Disaggregating Norms

      1. Types and Modes of Change

      2. Measuring Audacity and Forbearance

    2. Data Collection and Analysis

      1. Selection and Categorisation Rules

      2. Mapping Out the Anti-torture Jurisprudence

      3. Measures of Audacity and Forbearance

    3. Conclusion

  11. 4From Compromise to Absolutism? Gradual Transformation under the Old Court’s Watch

    1. The Genesis of the Prohibition of Torture under the Convention

    2. The Greek Case (1969) and the Modern Understanding of Torture and Inhuman or Degrading Treatment

    3. The Old Court Setting the Bar after the Greek Case

      1. Case #1: Ireland v. the United Kingdom (1978) and the Five Techniques

      2. Case #2: Tyrer v. the United Kingdom (1978) and the Living Instrument Principle

    4. What Comes after Tyrer? The Old Court’s Cautious Audacity in Soering

    5. Conclusion

  12. 5New Court, New Thresholds, New Obligations

    1. Lowered Thresholds for Torture

    2. Lowered Thresholds for Inhuman or Degrading Treatment

    3. Against the Ticking Time Bomb Scenario: The Prohibition of Torture Is Absolute

    4. The Dawn of Positive Obligations

    5. Limits of Progress under the New Court

    6. Conclusion

  13. 6Change Unopposed: The Court’s Embrace of Positive Obligations

    1. Legal Reasons behind Positive Obligations

    2. Sociopolitical Reasons behind Positive Obligations

      1. IThe Inception of the New Court with a Wider Discretionary Space

      2. IICongruity of Positive Obligations with Societal Trends in the Aftermath of Eastward Expansion

      3. IIILegal Principles and Jurisprudence in Support of Positive Obligations

      4. IVActive Promotion by Civil Society Groups

    3. Conclusion

  14. 7Legal Change in Times of Backlash

    1. Brief History of the Reform Process

    2. The Influence of the Reform Process on the Court

    3. Selective Forbearance: Argument and Findings

    4. A Bifurcated Approach and Selective Forbearance through Landmark Rulings

    5. What Judges Think about Political Pushback and Future Directions of the Norm’s Trajectory

    6. The Backlash Debate

    7. Conclusion

  15. 8Conclusion

    1. Theoretical Framework and Methods

      1. The Old Court (1959–1998)

      2. The New Court (1998–2010)

      3. The Reformed Court (2010–Present)

    2. Findings

    3. Contributions

    4. Taking Stock and Going Forward: Legal Change Elsewhere

  16. Bibliography

  17. Index

  18. An online annex for this publication is available at www.cambridge.org/9781009100045

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  • Contents
  • Ezgi Yildiz, California State University, Long Beach
  • Book: Between Forbearance and Audacity
  • Online publication: 02 November 2023
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  • Contents
  • Ezgi Yildiz, California State University, Long Beach
  • Book: Between Forbearance and Audacity
  • Online publication: 02 November 2023
Available formats
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Save book to Google Drive

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  • Contents
  • Ezgi Yildiz, California State University, Long Beach
  • Book: Between Forbearance and Audacity
  • Online publication: 02 November 2023
Available formats
×