National supreme courts and the development of ECHR rights

Bjorge, Eirik

doi:10.1093/icon/mor018

Cited by 15 publications

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“…The German Bundesverfassungsgericht is well-known for its dialogues with the European Court. 60 A primary example of such a dialogical jurisprudential implementation is the von Hannover saga concerning publication of photographs of Princess Caroline von Hannover. Both the German Constitutional Court and the European Court had been balancing Caroline von Hannover's right to privacy with the freedom of expression of the press.…”

Section: Constitutional Courts As Conductors Of Jurisprudential Implementioning

confidence: 99%

Unpacking the partnership: typology of constitutional courts’ roles in implementation of the European Court of Human Rights’ case law

Petrov¹

2018

European Constitutional Law Review

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Implementation of the European Court of Human Rights' case law-Compliance with the European Convention-Role of constitutional courts in implementing the European Court's case law-Constitutional courts and convergence, engagement and resistance to the European Court's case law-Constitutional courts self-correcting their practices to implement the European Court's case law-Changing constitutional courts' procedures and design to implement the European Court's case law-Constitutional courts conducting implementation of the European Court's case law-Constitutional courts evaluating implementation of the European Court's case law-Varying partnership capacity of constitutional courts vis-à-vis the European Court-Factors of partnership capacity: a favourable institutional setting, a favourable political setting and a favourable attitude of a constitutional court towards the European Court's judgment-Seeking implementation partners beyond constitutional courts * Judicial Studies Institute (JUSTIN), Faculty of Law, Masaryk University. I am grateful to John Ferejohn, David Kosař, Davide Paris, Pasquale Pasquino, to the participants in the ECtHR workshop in Barcelona (Pompeu Fabra University), PluriCourts human rights seminar (University of Oslo), JUSTIN research meeting (Masaryk University), and to anonymous reviewers for their comments, which have significantly improved this text. The usual caveats apply. The research leading to this article has received funding from the European Research Council (ERC) under the European Union's Horizon 2020 research and innovation programme (grant No. 678375-JUDI-ARCH-ERC-2015-STG).

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Section: Constitutional Courts As Conductors Of Jurisprudential Implementioning

confidence: 99%

Unpacking the partnership: typology of constitutional courts’ roles in implementation of the European Court of Human Rights’ case law

Petrov¹

2018

European Constitutional Law Review

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“…Individuals and NGOs may seek to leverage the ECHR to alter law and policy, and national judges may work to entrench Convention rights in order to enhance their own authority with respect to legislators and executives. Third, as the CLO gains in effectiveness, the interest high courts have in using the Convention, and seeking to infl uence the evolution of the ECHR, increases (see Bjørge 2011 ). Even for a court that is relatively jealous of its own autonomy, constructive engagement is more likely to constrain the Court than the more costly alternatives: defection and open confl ict.…”

Section: Beyond Minimalismmentioning

confidence: 99%

“…Some judges have chosen to ignore this jurisprudence. In 2008, for example, a court of appeal decided on its own authority to refuse to apply a controlling statute on grounds that it was incompatible with the Convention (reported in Andenæs and Bjørge 2011: 37–8). The situation has given rise to a fierce debate: does the ECHR enjoy supra-legislative but infra-constitutional rank (the ICC’s position) or constitutional status (the position of some civil courts and scholars)?…”

Section: Constitutional Pluralism and National Legal Systemsmentioning

confidence: 99%

“…In Norway and Sweden, which incorporated the ECHR through human rights statutes in the 1990s, the courts must give primacy to the Convention when in a conflict with legislation (Wiklund 2008). In the past decade, Norwegian courts in particular have positioned themselves to become active participants in the development of Convention rights (Andenæs and Bjørge 2011: 15–17).…”

Section: Constitutional Pluralism and National Legal Systemsmentioning

confidence: 99%

“… 42 Systematic research on the impact of the Court on national law and policy has recently taken off, including Andenæs and Bjørge (2011), Buyse and Hamilton 2011; Hammert and Emmer 2011; Helfer and Voeten (2011), Keller and Stone Sweet (2008), and Von Staden (2009). …”

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confidence: 99%

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A cosmopolitan legal order: Constitutional pluralism and rights adjudication in Europe

Sweet

2012

Glob. Con.

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AbstractThe European Convention on Human Rights is rapidly evolving into a cosmopolitan legal order: a transnational legal system in which all public officials bear the obligation to fulfill the fundamental rights of every person within their jurisdiction. The emergence of the system depended on certain deep, structural transformations of law and politics in Europe, including the consolidation of a zone of peace and economic interdependence, of constitutional pluralism at the national level, and of rights cosmopolitanism at the transnational level. Framed by Kantian ideas, the paper develops a theoretical account of a cosmopolitan legal system, provides an overview of how the ECHR system operates, and establishes criteria for its normative assessment.

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Resolution of Procedural Hurdles in Utilising State-to-State Arbitration Under IIAs

Hazarika

2020

European Yearbook of International Economic Law

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National supreme courts and the development of ECHR rights

Cited by 15 publications

References 0 publications

Unpacking the partnership: typology of constitutional courts’ roles in implementation of the European Court of Human Rights’ case law

Unpacking the partnership: typology of constitutional courts’ roles in implementation of the European Court of Human Rights’ case law

A cosmopolitan legal order: Constitutional pluralism and rights adjudication in Europe

Resolution of Procedural Hurdles in Utilising State-to-State Arbitration Under IIAs

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