The International Human Rights Judiciary and National Parliaments: Europe and Beyond

The emerging international human rights judiciary (IHRJ) threatens national democratic processes and 'hollows out' the scope of domestic and democratic decision-making, some argue. This new analysis confronts this head on by examining the interplay between national parliaments and the IHRJ, proposing that it advances parliament's efforts. Taking Europe and the European Court of Human Rights as its focus - drawing on theory, doctrine and practice - the authors answer a series of key questions. What role should parliaments play in realising human rights? Which factors influence the effects of the IHRJ on national parliaments' efforts? How can the IHRJ adjust its influence on parliamentary process? And what triggers the backlash against the IHRJ from parliaments and when? Here, the authors lay foundations for better informed scholarship and legal practice in the future, as well as a better understanding of how to improve the effectiveness and validity of the IHRJ.

• Proposes a holistic view of the interplay between the international human rights judiciary and national parliaments, providing new insight into an unexplored yet significant field for scholars of law, political science and philosophy, legal officials and policymakers
• Adds an international judicial dimension to the debate on advancing the human rights role of national parliaments, providing readers with an understanding of how bodies with regional and global focuses relate to an issue that is heavily dependent on national context
• The study benefits from the cross fertilisation of ideas with experts that have backgrounds in law, political science and philosophy, creating material that is accessible and relevant for students and scholars interested in the legitimacy and effectiveness of international human rights adjudication