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Pavlos Eleftheriadis University Lecturer in Law Pavlos Eleftheriadis BA (Athens), LLM, PhD (Cantab.), MA, is University Lecturer in the Faculty of Law and Fellow and Tutor in Law at Mansfield College.
He came to Oxford in 2003 from the London School of Economics where he was a Lecturer in Law. He was a Visiting Professor at Columbia University in 2001 and was awarded the Bodossaki Prize for Law in 2005. He teaches and publishes in legal philosophy, European Union law and constitutional law.
He is the author of a book of legal philosophy, Legal Rights (Oxford University Press, 2008), and the Managing Editor of David Vaughan and Aidan Robertson (eds.), The Law of the European Union (Oxford: Oxford University Press, 2007 - ) volumes 1-6, looseleaf. He is the convenor of the BCL/MJur course: Constitutional Principles of the European Union.
He is a barrister of Lincoln's Inn and practises from Francis Taylor Building in the Temple.
All | Recent | Selected Publications sorted by selection | sort by year P Eleftheriadis, 'On Rights and Responsibilities' (2010) Public Law 31-43 DOI: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1486086 Abstract: The UK Government’s Green Paper Rights and Responsibilities: Developing our Constitutional Framework, outlines a new proposal for a British Bill of Rights and Responsibilities, which may replace the Human Rights Act as the main constitutional statement of human rights in the United Kingdom. The Green Paper does not address squarely the role that rights play in protecting liberty. It does not deal with the modern literature on justice, liberty and democracy. The failures are surprising, given the significance of what is being proposed. The experience of modern constitutional law teaches us that we need strong and independent judges and clear public laws, if rights are to be effective. The Green Paper fails to do justice to this long tradition. By making our rights conditional on someone’s (and mainly the government’s) view of our own virtue, the government’s proposal, at least as it stands today, threatens to undermine some of the most central safeguards of liberty. P Eleftheriadis, 'The Universality of Rights' (2009) Indian Journal of Constitutional Law DOI: http://ssrn.com/abstract=1137254 URL: http://ssrn.com/abstract=1137254 Abstract: This essay argues that the universality claim is a claim concerning two different domains: first, the domain of the political and, second, the domain of foreign policy. The domain of the political gives us a theory of political rights as we find them in Rawls' Political Liberalism. The domain of foreign policy gives us a theory of human rights as we find them in Rawls' Law of Peoples. Both are distinct from a third domain, that of the moral relations of persons, where rights also are seen to have a bearing. We have therefore political rights, human rights, and moral rights. Only the first two enjoy universality. The distinction between the moral, the political and the international domains is crucial to the success of the claim to universality. P Eleftheriadis, 'Parliamentary Sovereignty and the Constitution' (2009) Canadian Journal of Law and Jurisprudence P Eleftheriadis, 'Human Rights for Liberals' (2009) 3 Global Justice: Theory, Practice, Rhetoric DOI: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1486080 URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1486080 Abstract: James Griffin’s rich and elegant study, On Human Rights (Oxford, 2008), is a superbly accomplished book. Its range is impressive. It offers a discussion of the general status of values, a general theory of rights, concrete accounts of the right to welfare, the right to privacy, the right to life, the link with democracy and the idea of group rights, among other things. At every stage we are treated to a clear, rigorous and elegant discussion full of broad learning and penetrating judgment, which readers of Griffin’s earlier books have perhaps learned to expect. Yet, the view of human rights that Griffin defends is strangely narrow and unfamiliar in that it is not connected to any political or legal framework. P Eleftheriadis, 'Pluralism and Integrity' (2009) Oxford Legal Studies Research Paper No. 43/2009 (e-pub) DOI: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1486151 Abstract: One of the theoretical developments associated with the law of the European Union has been the flourishing of legal and constitutional theories that extol the virtues of pluralism. Pluralism in constitutional theory is offered in particular as a novel argument for the denial of unity within a framework of constitutional government. This essay argues that pluralism fails to respect the value of integrity. It also shows that at least one pluralist theory seeks to overcome the incoherence of pluralism by implicitly endorsing monism. The coherence of European legal reasoning will be best preserved, if we consider that both the national legal order and the international (or European) such order endorse a sophisticated view of their own limits. P Eleftheriadis, 'Law and Sovereignty' (2009) Oxford Legal Studies Research Paper No. 42/2009 (e-pub) DOI: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1486084 Abstract: How is it possible that the idea of sovereignty still features in law and legal philosophy? Sovereignty is normally taken to refer to absolute power. Yet modern law assumes that power is exercised by officials constrained by legal rules and the rule of law. This essay argues that a closer look at sovereignty and law shows that the first impression is correct: law and sovereignty are mutually exclusive. Philosophically speaking, sovereignty is and has always been incompatible with the rule of law and with constitutional law itself. Sovereignty and constitutional government are mutually exclusive. P Eleftheriadis, Legal Rights (Oxford University Press 2008) DOI: http://ukcatalogue.oup.com/product/9780199545285.do URL: http://ukcatalogue.oup.com/product/9780199545285.do ISBN: 978-0-19-954528-5 P Eleftheriadis, 'Environmental Rights in the EC Legal Order' (2007) 27 Yearbook of European Law P Eleftheriadis, 'The Idea of a European Constitution' (2007) 27(1) Oxford Journal of Legal Studies 1-21 DOI: 10.1093/ojls/gql022 ISBN: 1464-3820 P Eleftheriadis, The Standing of States in the European Union in Nicholas Tsagourias (ed), Transnational Constitutionalism: International and European Perspectives (Cambridge University Press 2007) DOI: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=921184 URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=921184 ISBN: 978-0-521-87204-1 P Eleftheriadis, 'Constitutional Reform and the Rule of Law in Greece' (2005) 28 West European Politics 317-334 Abstract: A critical analysis of the last ten years of constitutional developments in Greece ISBN: 0140-2382 P Eleftheriadis, 'Constitution or Treaty?' (2004) The Federal Trust Online Paper 12/04 1-12 (e-pub) Abstract: A discussion of the Draft EU Constitution P Eleftheriadis, 'Cosmopolitan Law' (2003) 9(2) European Law Journal 241-263 ISBN: 1468-0386 P Eleftheriadis, 'The European Constitution and Cosmopolitan Ideals' (2001) 7 The Columbia Journal of European Law 21-39 P Eleftheriadis, 'The Future of Environmental Rights in the European Union ' in Philip Alston (ed), The European Union and Human Rights (Oxford University Press 1999) P Eleftheriadis, Constitutionalism and Political Values: The Normative Presuppositions of Constitutional Law [In Greek] (Sakkoulas, Athens 1999) P Eleftheriadis, 'Begging the Constitutional Question' (1998) 36 Journal of Common Market Studies 255-272 P Eleftheriadis, 'Political Romanticism in Modern Greece' (1998) 17 Journal of Modern Greek Studies 41-61 P Eleftheriadis, 'The Direct Effect of Community Law' (1997) 16 Yearbook of European Law 205-221 Abstract: ‘The Direct Effect of Community Law: Conceptual Issues’ 16 Yearbook of European Law (1996) 205-221. P Eleftheriadis, 'The Analysis of Property Rights' (1996) Oxford Journal of Legal Studies P Eleftheriadis, 'Aspects of European Constitutionalism' (1996) 21 European Law Review 32-42 P Eleftheriadis, 'Unfreedom in a Laissez Faire State' (1994) 80 Archiv für Rechts- und Sozialphilosophie 168-190 P Eleftheriadis, 'Freedom as a Fact ' (1993) 56 Modern Law Review 897-905 Correspondence address: Mansfield College, Oxford |
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