European Consensus and the Legitimacy of the European Court of Human Rights

Human Rights

European Consensus and the Legitimacy of the European Court of Human Rights

By Kanstantsin Dzehtsiarou
Cambridge University Press September 2016

Specifications

ISBN-13
9781107678019
Publisher
Cambridge University Press
Publication
September 2016
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

In order to be effective, international tribunals should be perceived as legitimate adjudicators. European Consensus and the Legitimacy of the European Court of Human Rights provides in-depth analyses on whether European consensus is capable of enhancing the legitimacy of the European Court of Human Rights (ECtHR).

Focusing on the method and value of European consensus, it examines the practicalities of consensus identification and application and discusses whether State-counting is appropriate in human rights adjudication.

With over 30 interviews from judges of the ECtHR and qualitative analyses of the case law, this book gives readers access to firsthand and up-to-date information and provides an understanding of how the European Court of Human Rights in Strasbourg interprets the European Convention on Human Rights.

Table of Contents

1. Introduction
2. The concept of European consensus
3. Types of consensus
4. Behind the scenes: comparative analysis within the Court
5. Criticism of European consensus
6. Legitimacy of the Court and legitimacy of its judgments
7. European consensus: perceptions of the ECtHR judges
8. Conclusion.
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