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Selecting Europe's JudgesA Critical Review of the Appointment Procedures to the European Courts$
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Michal Bobek

Print publication date: 2015

Print ISBN-13: 9780198727781

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780198727781.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 February 2021

The Legitimization Strategies of International Judges

The Legitimization Strategies of International Judges

The Case of the European Court of Human Rights

(p.259) 12 The Legitimization Strategies of International Judges
Selecting Europe's Judges

Mikael Rask Madsen

Oxford University Press

By going beyond the mainstream normative political theoretical discussion of the legitimacy of European or international courts, this chapter suggests that international courts legitimize themselves in relation to several key environments, contingent on historical socio-political developments. It uses the evolution of the ECtHR as a case study. The chapter begins with a discussion of the proposed shift in analytical perspective, from analysing the normative category of legitimacy of international courts to a study of the ways in which international courts are legitimized by various legitimization strategies. Next, the chapter provides empirical evidence of the ways in which the approach can be deployed, exemplified primarily by the case of the ECtHR. The conclusion restates the argument and relates its implications to the way judges for the Strasbourg bench ought to be selected.

Keywords:   European Court of Human Rights, legitimacy, judicial biographies, legal diplomacy, evolution of the European Convention, sociology of courts

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