Courts, Rights, and Democratic Participation

Abstract

This article examines the connection between rights, courts, and the changing nature of democratic participation. The general comparative model developed is then applied to a time-series analysis of the European Court of Human Rights (ECHR). The article is the first to offer a systematic social science analysis of ECHR decisions with particular emphasis on changing democratic opportunities for individuals at both the domestic and supranational level. The findings reveal how rights and access to legal institutions shape the way courts serve as arenas for public participation—a consequence that brings into question dominant theories of international organization and comparative studies of judicial politics.