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

Harvard

Madsen, MR 2021, 'The Narrowing of the European Court of Human Rights? Legal Diplomacy, Situational Self-Restraint and the New Vision for the Court', The European Convention of Human Rights Law Review , bind 2, nr. 2, s. 180-208. https://doi.org/10.1163/26663236-bja10023

APA

Madsen, M. R. (2021). The Narrowing of the European Court of Human Rights? Legal Diplomacy, Situational Self-Restraint and the New Vision for the Court. The European Convention of Human Rights Law Review , 2(2), 180-208. https://doi.org/10.1163/26663236-bja10023

Vancouver

Madsen MR. The Narrowing of the European Court of Human Rights? Legal Diplomacy, Situational Self-Restraint and the New Vision for the Court. The European Convention of Human Rights Law Review . 2021;2(2):180-208. https://doi.org/10.1163/26663236-bja10023

Author

Madsen, Mikael Rask. / The Narrowing of the European Court of Human Rights? Legal Diplomacy, Situational Self-Restraint and the New Vision for the Court. I: The European Convention of Human Rights Law Review . 2021 ; Bind 2, Nr. 2. s. 180-208.

Bibtex

@article{312d6f6195b84866acb5a5b4689079e6,
title = "The Narrowing of the European Court of Human Rights? Legal Diplomacy, Situational Self-Restraint and the New Vision for the Court",
abstract = "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.",
author = "Madsen, {Mikael Rask}",
year = "2021",
doi = "10.1163/26663236-bja10023",
language = "English",
volume = "2",
pages = "180--208",
journal = "The European Convention of Human Rights Law Review ",
issn = "2666-3228",
publisher = "Brill",
number = "2",

}

RIS

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