Activism identification in law enforcement approaches of judges of the European Court of Human Rights

Author:

Klyuchnikov Andrew Yu.1

Affiliation:

1. Russian Presidential Academy of National Economy and Public Administration

Abstract

The European Court of Human Rights (ECHR) is a unique institution not only in Europe, but in the whole world; it is by far the most effective among all the international human rights courts. Since its foundationing in 1959, it has dealt a huge number of decisions, becoming the most active participant in the international justice. The success of individual appeals, on which the entire Convention system is based, has inevitably led to the involvement of new areas of human rights in the subject of the court’s research, and has extended it to a new range of subjects. The Court’s systematic expansion of the area (borders) of the protection of human rights and fundamental freedoms, and the involvement of new areas in it due to the progressive nature of the practice, is a positive quality. The rich and diverse Strasbourg practice has changed the political and legal landscape of Europe. This has led to the ECHR becoming a victim of its own success, in some cases invading the sovereign powers of states and affecting their constitutional identity. Among practitioners and researchers of international justice issues, the voices about excessive activism of the Court started appearing more often. The author of this article studies the factors that contribute to the manifestation of activist positions by judges of the ECHR, identifies forms of activism, and distinguishes them from judicial passivism. The material for the article includes the work of prominent researchers of international justice problems, judges of the ECHR, Russian authors, and the judicial practice of this supranational court. The author uses traditional research methods — general scientific and special, with an emphasis on the comparative legal method. The subject of the study is the author’s scientific concepts that reveal judicial activism through the case-law of the ECHR. The relevance of the work lies in the problem of using the practice of supranational courts in national justice, and the effective application of the developed standards.

Publisher

Tyumen State University

Reference12 articles.

1. Belov S. A. 2018. “The constitutional model of legitimising decisions of the organs of international organisations”. Journal of Constitutional Justice, no. 2, pp. 1-10. [In Russian]

2. Ivanenko A. A. 2015. “Forms and limits of interpretative activity of the european court of human rights”. Siberian Law Review, no. 4 (29), pp. 17-21. [In Russian]

3. Klyuchnikov A. Yu. 2020. “On acceptance criteria for law-making decisions of the international court of justice”. International Criminal Law and International Justice, no. 1, pp. 8-11. [In Russian]

4. Klyuchnikov A. Yu. 2019. “On legitimacy of the European Court of Human Rights”. Russian Judge, no. 3, pp. 43-46. [In Russian]

5. Klyuchnikov A. Yu. 2019. “The main approaches to the definition of the international courts’ competence”. Tyumen State University Herald. Social, Economic, and Law Research, vol. 5, no. 3 (19), pp. 128-143. DOI: 10.21684/2411-7897-2019-5-3-128-143 [In Russian]

Cited by 1 articles. 订阅此论文施引文献 订阅此论文施引文献,注册后可以免费订阅5篇论文的施引文献,订阅后可以查看论文全部施引文献

同舟云学术

1.学者识别学者识别

2.学术分析学术分析

3.人才评估人才评估

"同舟云学术"是以全球学者为主线,采集、加工和组织学术论文而形成的新型学术文献查询和分析系统,可以对全球学者进行文献检索和人才价值评估。用户可以通过关注某些学科领域的顶尖人物而持续追踪该领域的学科进展和研究前沿。经过近期的数据扩容,当前同舟云学术共收录了国内外主流学术期刊6万余种,收集的期刊论文及会议论文总量共计约1.5亿篇,并以每天添加12000余篇中外论文的速度递增。我们也可以为用户提供个性化、定制化的学者数据。欢迎来电咨询!咨询电话:010-8811{复制后删除}0370

www.globalauthorid.com

TOP

Copyright © 2019-2024 北京同舟云网络信息技术有限公司
京公网安备11010802033243号  京ICP备18003416号-3