Browse by title
Duncan French and Louis J. Kotzé
This chapter provides the context, a broad introduction and the essence of each of the chapters in the book.
Nils A. Butenschøn
Presenting main academic discourses on Israel as an ‘ethnic’ state, ‘democratic’ state, and ‘Jewish’ state, Nils Butenschøn maintains that whereas the legal and institutional fabric of the State of Israel is ethnocratic in distribution of rights and resources, the state itself, just like Palestine, is still a state in the making, an unfinished state. He argues that the citizenship approach is sufficiently open in its theoretical orientation and precise enough as an analytical tool to capture the complexities of Israel as a state formation, and yet identify the distinct challenges this state poses in its relations with the various demographic groups that have claims to the territories under its current rule or control. The nature of these challenges can only be fully comprehended with a view to the extent, content, and depth of citizenship as premised by Zionism, the state ideology, and the historic conditions of the unfolding Palestine conflict.
Edited by Nils A. Butenschøn and Roel Meijer
This chapter introduces debate about justice, victims and criminal justice. It challenges the usual representation of people victimized by violence only as victims, and challenges conventional legal approaches that contain their aspirations for justice. The chapter draws on Amartya Sen’s Idea of Justice to sketch an approach to realizable justice in the real world. Sen’s argument for inclusion and deliberation provides a framework for bridging different approaches to justice. The inclusion of those with directly affected interests, such as victims, in decision-making rests first on their status as a citizen. Categorizing victims in this manner then argues for recognition of justice institutions as duty-bearers to both victims and offenders. The chapter sketches the parameters of the Justice Study, its methods and the outline of the book.
Chapter 1 examines the current system of fundamental rights protection in the European Union in light of Article 6 TEU, as reformed by the Lisbon Treaty. It analyses the Charter of Fundamental Rights and the general principles of EU law concerning fundamental rights, as well as the legal basis for the Union’s accession to the European Convention on Human Rights (ECHR). In particular, it investigates the assessment methods and elaboration techniques used by the European Court of Justice (ECJ) to affirm the existence of general principles on the protection of fundamental rights and tackles the legal and political impasse following Opinion 2/13. Based on the premise that accession is not indispensable, it examines a few alternatives to accession capable of improving the dialogue between the ECJ and the European Court on Human Rights (ECtHR), thus securing that, even if accession does not occur, the EU and ECHR systems will continue to coexist virtuously. Keywords: Article 6 TEU; Fundamental Rights Protection in the EU; General Principles on the Protection of Fundamental Rights; Charter of Fundamental Rights of the European Union; European Convention on Human Rights