The Narrowing of the European Court of Human Rights? Legal Diplomacy, Situational Self-Restraint and the New Vision for the Court
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The Narrowing of the European Court of Human Rights? Legal Diplomacy, Situational Self-Restraint and the New Vision for the Court. / Madsen, Mikael Rask.
I: The European Convention of Human Rights Law Review , Bind 2, Nr. 2, 2021, s. 180-208.Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt
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TY - JOUR
T1 - The Narrowing of the European Court of Human Rights? Legal Diplomacy, Situational Self-Restraint and the New Vision for the Court
AU - Madsen, Mikael Rask
PY - 2021
Y1 - 2021
N2 - In recent years, the European Court of Human Rights (ECtHR) has faced a growing number of challenges, stemming, among other reasons, from problems with the implementation of some of its judgments, an upsurge of sovereigntist sentiments in some member states, and the rise of de facto illiberal democracies within its jurisdiction. This article examines the effects that these changing contexts have had on the operation of the ECtHR. In very general terms, the article finds that the ECtHR has become increasingly more restrained, but that this restraint plays out in multiple different ways which reflect the structural differences among the member states with regard to the protection of human rights. The article argues that the ECtHR has developed a new and differentiated legal rationality that combines elements of its original legal diplomacy with new forms of self-restraint and a new, revised vision for its overarching role in the protection of European human rights. The overall result is a narrowing of the role of the Court.
AB - In recent years, the European Court of Human Rights (ECtHR) has faced a growing number of challenges, stemming, among other reasons, from problems with the implementation of some of its judgments, an upsurge of sovereigntist sentiments in some member states, and the rise of de facto illiberal democracies within its jurisdiction. This article examines the effects that these changing contexts have had on the operation of the ECtHR. In very general terms, the article finds that the ECtHR has become increasingly more restrained, but that this restraint plays out in multiple different ways which reflect the structural differences among the member states with regard to the protection of human rights. The article argues that the ECtHR has developed a new and differentiated legal rationality that combines elements of its original legal diplomacy with new forms of self-restraint and a new, revised vision for its overarching role in the protection of European human rights. The overall result is a narrowing of the role of the Court.
U2 - 10.1163/26663236-bja10023
DO - 10.1163/26663236-bja10023
M3 - Journal article
VL - 2
SP - 180
EP - 208
JO - The European Convention of Human Rights Law Review
JF - The European Convention of Human Rights Law Review
SN - 2666-3228
IS - 2
ER -
ID: 250210414