Jump to ContentJump to Main Navigation
Selecting Europe's JudgesA Critical Review of the Appointment Procedures to the European Courts$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

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

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

Mikael Rask Madsen

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198727781.003.0013

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .