The Populist Challenge to the European Court of Human Rights

PETROV, Jan. The Populist Challenge to the European Court of Human Rights. NYU Jean Monnet Working Paper Series. 2018, vol. 2018, No 3, p. 1-38.

Basic information

• Original name: The Populist Challenge to the European Court of Human Rights
• Authors: PETROV, Jan.
• Edition: NYU Jean Monnet Working Paper Series, 2018.

Other information

• Original language: English
• Type of outcome: Article in a journal
• Field of Study: 50501 Law
• Country of publisher: United States of America
• Confidentiality degree: is not subject to a state or trade secret
• WWW: URL
• Organization unit: Faculty of Law
• Keywords in English: European Court of Human Rights; populism; criticism of the European Court of Human Rights; judicial independence; judicial accountability; judicial self-government; crisis of liberal democracy; global constitutionalism; European constitutionalism

Abstract

The past decade gave rise to serious criticism of the ECtHR. This article analyzes the position of the ECtHR with regard to a more recent phenomenon challenging the ECtHR – an unprecedented wave of populism in Europe. The article argues that the rise of populism not only intensifies the pressure on the ECtHR; it poses a serious and distinctive challenge to the ECtHR since supranational judicial review is at odds with the populist ideology.

Links

• 46943, interní kód MU: Name: JUDI-ARCH - The Rise of Judicial Self-Government in Europe: Changing the Architecture of Separation of Powers without an Architect (Acronym: JUDI-ARCH)

Investor: European Union, ERC (Excellent Science)