Populism and International Human Rights Law Institutions

Helfer, Laurence R.

doi:10.1017/9781108751551.011

Cited by 8 publications

(2 citation statements)

References 53 publications

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“…7 Consequently, the law was altered, transferring the power to elect NCJ judges to the Sejm and ending the current Council members' terms. 8 This reform, although upheld by another ruling of the Constitutional Tribunal issued in an unlawful composition, 9 sparked significant controversy 10 and its consistency with the Polish Consti-tution and the European standards continues to be challenged by Polish courts, 11 the European Court of Justice 12 and the European Court of Human Rights. 13 Another significant change was in the judges' disciplinary responsibility system.…”

Section: The Legal Background To Both Casesmentioning

confidence: 99%

“…In identifying the ulterior purpose of the authorities, the European Court of Human Rights took into account all the relevant circumstances of the case, which included both the individual context (the applicant's suspension as the culmination of previous steps taken against him) and the systemic context determined by the totality of government actions aimed at limiting the independence of the judiciary. 54 The Court also took into account its previous jurisprudence in cases concerning the crisis of the rule of law in Poland, as well as the jurisprudence of the CJEU and the positions and 45 Helfer [8], p. 228-229. 46 Heri [9], p. 59.…”

Section: Article 18 and The Importance Of Bad Faith On The Part Of Th...mentioning

confidence: 99%

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Protecting the rights of judges: the judgments of the European Court of Human Rights in Juszczyszyn v Poland and Tuleya v. Poland

Szwed

2024

ERA Forum

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This article examines two rulings of the European Court of Human Rights on the rights of independent Polish judges in Juszczyszyn v. Poland and Tuleya v. Poland, focusing on two key aspects. First, it addresses the Court’s finding that the Polish authorities aimed to undermine judicial independence and deter the applicants from questioning the Government’s controversial judicial reforms. Secondly, it explores the potential evolution of the case law of the European Court of Human Rights regarding recognising the subjective right of judges under Article 6 of the European Convention on Human Rights to have their independence protected and respected by the State. The article also discusses problems concerning implementation of the two judgments.

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Section: The Legal Background To Both Casesmentioning

confidence: 99%

Section: Article 18 and The Importance Of Bad Faith On The Part Of Th...mentioning

confidence: 99%

Protecting the rights of judges: the judgments of the European Court of Human Rights in Juszczyszyn v Poland and Tuleya v. Poland

Szwed

2024

ERA Forum

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Playbook of Subnational Illiberalism: Autocrats Face the Opposition-led Local Governments

Begadze¹

2022

Hague J Rule Law

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Recognizing the growing tensions between autocrats in the center and opposition-led local governments in Hungary, Poland and Turkey since 2018–2019 local elections, the article contributes to existing literature on illiberal democracies with a subnational portion of illiberal playbook. Tactics identified through the detailed study of the European context and brief review of Latin American experience leaves us with the following categories in the playbook: abuse of (existing) supervisory and accountability mechanisms; generating of financial vulnerability; centralization (outright and indirect) and deconcentration. Each of these categories assemble various means evolving through application and reinterpretation of traditional rules pertaining to local government, as well as crisis-induced innovations. While the Polish account carries the optimism still that antecedent robust guarantees and popular support matter even when illiberals rule the center, the playbook proved successful in Hungary and Turkey. Although certain incrementalism stayed as the most vulnerable actors were the first victims of soon-to-be normalized measures, crisis in Hungary and Poland did stretch the limits to the point that ulterior motives of undermining opposition-led local governments became publicly observable. Reflecting on this phenomenon, in the end, the article poses a theoretical question whether such pretextual instrumentalization of law can itself be judicially manageable, at least in situations when clear political opponents are targeted.

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The COVID-19 Pandemic, International Cooperation, and Populism

Pevehouse¹

2020

Int Org

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Inconsistent efforts at international cooperation often undermined global efforts to mitigate the COVID-19 health pandemic. Pundits and scholars alike laid much of the blame for this lack of cooperation on domestic political factors, especially populist leaders. Could international relations theories have predicted this behavior? I argue that there are no off-the-shelf theories that engage populism with traditional mechanisms of international cooperation, especially cooperation facilitated by international institutions. I explore how populist sentiment, whether stemming from the public or leaders, can pose barriers to cooperation. I argue that populists are especially likely to resist cues from foreign actors; are especially reticent to delegate national sovereignty; and are especially resistant to policies that result in gains for elites and, when coupled with nationalism, foreigners. The essay concludes with suggestions for further theoretical and empirical research.

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Populism and International Human Rights Law Institutions

Cited by 8 publications

References 53 publications

Protecting the rights of judges: the judgments of the European Court of Human Rights in Juszczyszyn v Poland and Tuleya v. Poland

Protecting the rights of judges: the judgments of the European Court of Human Rights in Juszczyszyn v Poland and Tuleya v. Poland

Playbook of Subnational Illiberalism: Autocrats Face the Opposition-led Local Governments

The COVID-19 Pandemic, International Cooperation, and Populism

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