Untitled Deck

Question 1

EU system of HR. Who protects HR in EU?

Answer 1

The Council of Europe (CoE) & the European Convention on Human Rights (ECHR).
The European Union (EU) & the Charter of Fundamental Rights.

Question 2

Classification of HR 7

Answer 2

Positive/Negative: Substantive/Procedural: Unviersal/Citizens; INdivid/ collective; Cpnst/ non-const, absolute/non absolute, domestic/int

Question 3

Generations of HR

Answer 3

1-3
Liberty, Equality, Solidarity and new category

Question 4

Role of Const courts in HR protection

Answer 4

cheching weather laws violate HR; allow people to chalange unfair laws

Question 5

Residual HR

Answer 5

do whatever u want unless law sayis u cant

Question 6

Legal HR restrictions, Govs can limit rights only if

Answer 6

there is a law that allows it, it serves legit purpose, it.s proportionate
example OPEC 2022 and Covid

Question 7

2 Dementions of HR

Answer 7

Horrizontal ( rights protect ppl from gov) and vertical (protect ppl from ppl)

Question 8

legal positivism

Answer 8

HR comes from LAw

Question 9

HR and War on Terror

Answer 9

Gov usually limit IR due to “security resasons”. 9/11 example. Torture of prisoners (Guanatanamo Bay), Mas Surveillance, Targeted Killings

Question 10

HR and States od Energencies
Non-derogable HR

Answer 10

gov can limit some rights to make safe stuff
- Always protected even in state of emergencies . Poland 90 days

Question 11

Evolution of HR

Answer 11

Positivisation, generalization, internationalization, specialisation

Question 11

1 components of Demo regime

Answer 11

procedural, substantive

Question 11

Embedded democracies 5 components

(wolfgang Merkel)

Answer 11

democratic elections, horrizontal accountability, civil rights, effective power to govern, pol. rights of participation, expression and opposityion

Question 12

Deffective Demos (W merkel)

Answer 12

democracy in which the cpmponents are no longer mutually embbeded.
wxlusive demo, gomain demo. illiberal demo, delegative demo

Question 13

demo backsliding

Answer 13

Democracy weakens gradually, not through sudden coups but through legal and political changes.

Question 14

Presidentialism

Answer 14

USA example, presidnet is both the head of state and a head of governement

Question 15

defensive demo

Answer 15

Germani banning Nazi stuff example

Question 16

lesser evil ethics in terms of torture topics

Answer 16

in case of both being bad choose least harfmfull

Question 17

IHL Fundamental principles

Answer 17

Proportionality, neccessit, disctintion ( no attack on civillians)

Question 18

HR protection of National Law. what happens if HR is being violated inside the country

Answer 18

diif countries - diff systems. France - constitutional councik, poland - Commissioner pf Citizens rights
ombudsmen - SWeden

Question 19

Nancy Bermons analysis

Answer 19

positive/ negative trends

Question 20

anti const populism
example. executive aggrandizment. Hungary
penal populism

Answer 20

1 - we are “real people”
2- there is a threat

Question 21

Theories of HR

Answer 21

Natural, legal/ positivist, social contract

Question 22

Summery of Goodhart. How globalization hurt democracy, 3 main ways
+Superanational hr system

Answer 22

demo deficits (big dont represent small ones)
demo disjunctures (g politica change faster then national govs.)
demo assymetries (powerful get all)