TY - JOUR
T1 - The legitimacy of the European human rights regime
T2 - a view from the United Kingdom
AU - Győrfi, Tamás
N1 - The author would like to thank Paul Beaumont, Richard Bellamy, Mátyás Bódig, Andreas Føllesdal, Gábor Halmai, András Jakab and Zsolt Körtvélyesi for valuable comments, discussions and suggestions.
PY - 2019/3
Y1 - 2019/3
N2 - The purpose of the present paper is threefold. First, my ambition is to improve the analytical framework that is used to assess the legitimacy of the European Court of Human Rights. The Court’s authority can neither be established nor refuted by a single master-argument. Instead, what we need is a careful balancing exercise and this piece aims to set out the main elements of the justificatory equation. Second, using this framework, I intend to put forward the outline of a coherent critique of the European human rights regime. Third, I hope that my paper is able to shed light on why it is natural to expect more vocal criticism from the United Kingdom than from most other member states of the Council of Europe.
AB - The purpose of the present paper is threefold. First, my ambition is to improve the analytical framework that is used to assess the legitimacy of the European Court of Human Rights. The Court’s authority can neither be established nor refuted by a single master-argument. Instead, what we need is a careful balancing exercise and this piece aims to set out the main elements of the justificatory equation. Second, using this framework, I intend to put forward the outline of a coherent critique of the European human rights regime. Third, I hope that my paper is able to shed light on why it is natural to expect more vocal criticism from the United Kingdom than from most other member states of the Council of Europe.
KW - European Court of Human Rights
KW - Human Rights Act 1998
KW - legitimacy
KW - margin of appreciation
KW - subsidiarity
UR - http://ShowEdit http://www.scopus.com/inward/record.url?scp=85062645849&partnerID=8YFLogxK
UR - http://www.mendeley.com/research/legitimacy-european-human-rights-regime-view-united-kingdom
UR - https://abdn.pure.elsevier.com/en/en/researchoutput/the-legitimacy-of-the-european-human-rights-regime(ef8cce6d-35e5-4562-bebd-113a1ac7493c).html
U2 - 10.1017/S2045381718000333
DO - 10.1017/S2045381718000333
M3 - Article
VL - 8
SP - 123
EP - 156
JO - Global Constitutionalism
JF - Global Constitutionalism
SN - 2045-3817
IS - 1
ER -
