European Consensus and the Legitimacy of the European Court of Human Rights

The most comprehensive and critical analysis of the application of European consensus by the European Court of Human Rights.

Kanstantsin Dzehtsiarou (Author)

9781107041035, Cambridge University Press

Hardback, published 30 April 2015

254 pages, 3 b/w illus.
23.5 x 16 x 2 cm, 0.51 kg

'Dzehtsiarou's analysis of The Court's use of a European consensus argument to generate legitimacy is well-balanced in terms of presenting both supporting and dissenting arguments. He confronts anti-majoritarians head on, arguing for example that the normative grounding of the European consensus idea in majoritarian logic has not prevented The Court from deploting it in defense of a wide range of minority groups - religious, ethnic, and linguistic.' Stephen C. Ropp, Human Rights Review

In order to be effective, international tribunals should be perceived as legitimate adjudicators. European Consensus and the Legitimacy of the European Court of Human Rights provides in-depth analyses on whether European consensus is capable of enhancing the legitimacy of the European Court of Human Rights (ECtHR). Focusing on the method and value of European consensus, it examines the practicalities of consensus identification and application and discusses whether State-counting is appropriate in human rights adjudication. With over 30 interviews from judges of the ECtHR and qualitative analyses of the case law, this book gives readers access to firsthand and up-to-date information, and provides an understanding of how the European Court of Human Rights in Strasbourg interprets the European Convention on Human Rights.

1. Introduction
2. The concept of European consensus
3. Types of consensus
4. Behind the scenes: comparative analysis within the Court
5. Criticism of European consensus
6. Legitimacy of the Court and legitimacy of its judgments
7. European consensus: perceptions of the ECtHR judges
8. Conclusion.

Subject Areas: Human rights & civil liberties law [LNDC], Law [L], EU & European institutions [JPSN2]