- Title Pages
- Preface
- Acknowledgements
- List of Contributors
- Tables of Cases
- Tables of Legislation
- Table of Treaties and Conventions
-
1 Judges, Transition, and Human Rights: Essays in Memory of Stephen Livingstone -
2 Separation of Powers in a Global Context -
3 The European Court of Human Rights as a ‘Constitutional Court’: Definitional Debates and the Dynamics of Reform -
4 The Scope of the Right to a Fair Trial Guarantee in Non-Criminal Cases in the European Convention on Human Rights -
5 Deference Owed under the Separation of Powers -
6 Judicial Policy in a Transforming Constitution -
7 Litigating the Agreement: Towards a New Judicial Constitutionalism for the UK from Northern Ireland? -
8 The Battle for Transitional Justice: Hegemony, Iraq, and International Law -
9 Human Rights and Conflict Resolution -
10 Habits of Mind and ‘Truth Telling’: Article 2 ECHR in Post-Conflict Northern Ireland -
11 The Impact of the Human Rights Act in Northern Ireland -
12 Dangerous Constitutional Moments: the ‘Tactic of Legality’ in Nazi Germany and the Irish Free State Compared -
13 Ireland, The European Convention on Human Rights, and the Personal Contribution of Seán MacBride -
14 Mobilizing the Professions: Lawyers, Politics, and the Collective Legal Conscience* -
15 Consociationalism, Equality, and Minorities in the Northern Ireland Bill of Rights Debate: The Role of the OSCE High Commissioner on National Minorities -
16 The Relationship Between Parliaments and National Human Rights Institutions -
17 A View from the Coal Face: Northern Ireland, Human Rights Activism, and the War on Terror -
18 Linking Human Rights and Other Goals -
19 Corporations, Human Rights, and Social Inequality -
20 Constitutionalism, Deliberative Democracy, and Human Rights -
21 Reshaping Constitutionalism -
22 Human Rights and Women’s Rights: The Appeal to an International Agenda in the Promotion of Women’s Equal Citizenship -
23 ‘In the Small Places’: Education and Human Rights Culture in Conflict-Affected Societies -
24 Protecting the Marginalized? -
25 Risk and Human Rights: Ending Slopping Out in a Scottish Prison - Index
The European Court of Human Rights as a ‘Constitutional Court’: Definitional Debates and the Dynamics of Reform
The European Court of Human Rights as a ‘Constitutional Court’: Definitional Debates and the Dynamics of Reform
- Chapter:
- (p.33) 3 The European Court of Human Rights as a ‘Constitutional Court’: Definitional Debates and the Dynamics of Reform
- Source:
- Judges, Transition, and Human Rights
- Author(s):
Robert Harmsen
- Publisher:
- Oxford University Press
This chapter examines the role of the European Court of Human Rights as a constitutional court. The core purpose of the Court has become the subject of high-profile debate, both within the Court itself and in the wider human rights community because of a host of new quantitative and qualitative challenges. In order for the Court to overcome these challenges, it must consciously continue to elaborate its role within the context of a wider constitutional order and assume its responsibilities for both the development of Convention rights and the overall maintenance of the Convention system.
Keywords: human rights court, constitutional courts, Europe, Convention rights, judicial system
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- Title Pages
- Preface
- Acknowledgements
- List of Contributors
- Tables of Cases
- Tables of Legislation
- Table of Treaties and Conventions
-
1 Judges, Transition, and Human Rights: Essays in Memory of Stephen Livingstone -
2 Separation of Powers in a Global Context -
3 The European Court of Human Rights as a ‘Constitutional Court’: Definitional Debates and the Dynamics of Reform -
4 The Scope of the Right to a Fair Trial Guarantee in Non-Criminal Cases in the European Convention on Human Rights -
5 Deference Owed under the Separation of Powers -
6 Judicial Policy in a Transforming Constitution -
7 Litigating the Agreement: Towards a New Judicial Constitutionalism for the UK from Northern Ireland? -
8 The Battle for Transitional Justice: Hegemony, Iraq, and International Law -
9 Human Rights and Conflict Resolution -
10 Habits of Mind and ‘Truth Telling’: Article 2 ECHR in Post-Conflict Northern Ireland -
11 The Impact of the Human Rights Act in Northern Ireland -
12 Dangerous Constitutional Moments: the ‘Tactic of Legality’ in Nazi Germany and the Irish Free State Compared -
13 Ireland, The European Convention on Human Rights, and the Personal Contribution of Seán MacBride -
14 Mobilizing the Professions: Lawyers, Politics, and the Collective Legal Conscience* -
15 Consociationalism, Equality, and Minorities in the Northern Ireland Bill of Rights Debate: The Role of the OSCE High Commissioner on National Minorities -
16 The Relationship Between Parliaments and National Human Rights Institutions -
17 A View from the Coal Face: Northern Ireland, Human Rights Activism, and the War on Terror -
18 Linking Human Rights and Other Goals -
19 Corporations, Human Rights, and Social Inequality -
20 Constitutionalism, Deliberative Democracy, and Human Rights -
21 Reshaping Constitutionalism -
22 Human Rights and Women’s Rights: The Appeal to an International Agenda in the Promotion of Women’s Equal Citizenship -
23 ‘In the Small Places’: Education and Human Rights Culture in Conflict-Affected Societies -
24 Protecting the Marginalized? -
25 Risk and Human Rights: Ending Slopping Out in a Scottish Prison - Index
