- 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
