The legitimacy of the European human rights regime: a view from the United Kingdom

Tamás Győrfi (Corresponding Author)

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Abstract

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.
Original languageEnglish
Pages (from-to)123-156
Number of pages34
JournalGlobal Constitutionalism
Volume8
Issue number1
Early online date7 Mar 2019
DOIs
Publication statusPublished - Mar 2019

Keywords

  • European Court of Human Rights
  • Human Rights Act 1998
  • legitimacy
  • margin of appreciation
  • subsidiarity

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