'Domestic Judicial Deference and the ECHR in the UK and Netherlands'

Schooten, Hanneke Van; Sweeney, James A.

The Displacement and Dispossession of Asylum Seekers: Recalibrating the Legal Perspective (2011)
Book Chapter
Sweeney, J., & Fox O’Mahony, L. (2011). The Displacement and Dispossession of Asylum Seekers: Recalibrating the Legal Perspective. In J. Sweeney, & L. Fox O’Mahony (Eds.), The idea of home in law : displacement and dispossession (101-132). Ashgate Publishing

Freedom of Religion and Democratic Transition (2011)
Book Chapter
Sweeney, J. A. (2011). Freedom of Religion and Democratic Transition. In A. Buyse, & M. Hamilton (Eds.), Transitional jurisprudence and the European Convention on Human Rights: justice, politics and rights (103-130). Cambridge University Press

The Exclusion of (Failed) Asylum Seekers from Housing and Home: Towards an Oppositional Discourse (2010)
Journal Article
Fox O’Mahony, L., & Sweeney, J. (2010). The Exclusion of (Failed) Asylum Seekers from Housing and Home: Towards an Oppositional Discourse. Journal of Law and Society, 37(2), 285-314. https://doi.org/10.1111/j.1467-6478.2010.00505.x

'Housing'– the practical provision of a roof over one's head – is experienced by users as 'home'– broadly described as housing plus the experiential elements of dwelling. Conversely, being without housing, commonly described as 'homelessness', is exp... Read More about The Exclusion of (Failed) Asylum Seekers from Housing and Home: Towards an Oppositional Discourse.

Credibility, Proof and Refugee Law (2009)
Journal Article
Sweeney, J. A. (2009). Credibility, Proof and Refugee Law. International Journal of Refugee Law, 21(4), 700-726. https://doi.org/10.1093/ijrl/eep027

Assessing credibility is a legitimate and significant step in determining refugee status, but the term ‘credibility’ is employed with a range of descriptive intentions and legal consequences. It may be used loosely to express the strength of the case... Read More about Credibility, Proof and Refugee Law.

The Human Rights of Failed Asylum Seekers in the UK (2008)
Journal Article
Sweeney, J. (online). The Human Rights of Failed Asylum Seekers in the UK. Public Law, 277-301

The ‘lure’ of facts in asylum appeals: critiquing the practice of judges (2007)
Book Chapter
Sweeney, J. A. (2007). The ‘lure’ of facts in asylum appeals: critiquing the practice of judges. In S. R. Smith (Ed.), Applying theory to policy and practice : issues for critical reflection (19-35). Ashgate Publishing

'A 'Margin of Appreciation' in the internal market: lessons from the European Court of Human Rights' (2007)
Journal Article
Sweeney, J. A. (2007). 'A 'Margin of Appreciation' in the internal market: lessons from the European Court of Human Rights'. Legal issues of European integration, 34(1), 27-52

This article charts the interplay between universality and particularism in the approach of the European Court of Justice to national restrictions upon the four freedoms. Comparisons are made with the jurisprudence of the European Court of Human Righ... Read More about 'A 'Margin of Appreciation' in the internal market: lessons from the European Court of Human Rights'.

'Divergence and Diversity in Post-Communist European Human Rights Cases' (2005)
Journal Article
Sweeney, J. A. (2005). 'Divergence and Diversity in Post-Communist European Human Rights Cases'. Connecticut journal of international law, 21(1), 1-40

'Margins of Appreciation: Cultural Relativity and the European Court of Human Rights in the Post-Cold War Era' (2005)
Journal Article
Sweeney, J. A. (2005). 'Margins of Appreciation: Cultural Relativity and the European Court of Human Rights in the Post-Cold War Era'. International and Comparative Law Quarterly, 54(2), 459-474. https://doi.org/10.1093/iclq/lei003

'Domestic Judicial Deference and the ECHR in the UK and Netherlands' (2003)
Journal Article
Schooten, H. V., & Sweeney, J. A. (2003). 'Domestic Judicial Deference and the ECHR in the UK and Netherlands'. Tilburg foreign law review, 11(1), 439-461

This comparative article explores the interrelationship of domestic and international human rights law in the Netherlands and the United Kingdom, with reference to the European Convention on Human Rights (ECHR). The two jurisdictions offer a valuable... Read More about 'Domestic Judicial Deference and the ECHR in the UK and Netherlands'.

All Outputs (10)