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Judges, Transition, and Human Rights$
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John Morison, Kieran McEvoy, and Gordon Anthony

Print publication date: 2007

Print ISBN-13: 9780199204939

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199204939.001.0001

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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: 21 January 2021

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
DOI:10.1093/acprof:oso/9780199204939.003.0003

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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