Coping with Crisis: Whither the Variable Geometry in the Jurisprudence of the European Court of Human Rights
- This article offers a new take on the diagnosis of the crisis of the
European human rights system by focusing on the diversification of the
attitudes towards the European Court of Human Rights by national
compliance audiences, namely domestic executives, parliaments, and
judiciaries. This diagnosis holds that national compliance audiences of
the European Court of Human Rights can no longer be characterized as
lending overall support to the human rights acquis of Europe, that centers
around the European Court of Human Rights as the ultimate authoritative
interpreter of the Convention. Instead, alongside states that continue to
lend overall support to the Court’s authority over the interpretation of the
Convention, two new attitudes have developed towards the Convention
across the Council of Europe. First, there are now national compliance
audiences that demand co-sharing of the interpretation task with the
European Court of Human Rights. Second, there are national compliance
audiences that flaunt well-established Convention standards, not merely
by error, or lack of knowledge of adequate application, but with suspect
grounds of intentionality and lack of respect for the overall Convention
acquis. Following this diagnosis, I argue that instead of holding on to a
business as usual attitude, the Court has also developed coping strategies
in order to handle this fragmentation by investing in a human rights
jurisprudence of a variable geometry, recognizing differentiation in the
individual circumstances of states as a basis for human rights review.
MetadatenDocument Type: | Article |
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Language: | English |
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Author(s): | Başak Çalı |
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Parent Title (English): | Wisconsin International Law Journal |
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Publication year: | 2018 |
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Publishing Institution: | Hertie School |
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First Page: | 237 |
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Last Page: | 276 |
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Release Date: | 2020/01/23 |
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Volume: | 35 |
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Issue: | 2 |
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Hertie School Research: | Centre for Fundamental Rights |
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Licence of document (German): | Metadaten / metadata |
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