Helga Molbæk-Steensig
Biographic Data
| ID | 6548117 |
|---|---|
| NAME | Helga Molbæk-Steensig |
| GIVEN NAMES | Helga |
| FAMILY NAME | Molbæk-Steensig |
| SIGNATURE | MOLBÆK-STEENSIG H |
| AFFILIATIONS | European University Institute |
| ORCID | 0000-0002-7659-8737 |
| VERIFIED | Yes |
| TOTAL WORKS | 2 |
| TOTAL CITATIONS | 1 |
| WORKS AS AUTHOR | 2 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2022 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 1 |
Judicial Independence and Impartiality
Judges should be impartial and independent, judging based solely on the law. Current constitutional literature suggests an important factor in securing this may be the length of tenure. The assumption is that judges with non-renewable terms are more independent than judges with renewable terms since they do not have to worry about reappointment, but proving this assumption empirically is not straightforward. Obstacles include difficulties in comp…
Subsidiarity does not win cases
In August 2021, Protocol 15 inserted the doctrine of the margin of appreciation into the preamble of the European Convention of Human Rights, presumably cementing what President Spano has referred to as the ‘Age of Subsidiarity’, in which the European Court of Human Rights applies the margin of appreciation more often and increases deference to state parties. This insertion was done on the behest of the High Contracting Parties as part of the Int…
Judicial Independence and Impartiality
Judges should be impartial and independent, judging based solely on the law. Current constitutional literature suggests an important factor in securing this may be the length of tenure. The assumption is that judges with non-renewable terms are more independent than judges with renewable terms since they do not have to worry about reappointment, but proving this assumption empirically is not straightforward. Obstacles include difficulties in comp…
Subsidiarity does not win cases
In August 2021, Protocol 15 inserted the doctrine of the margin of appreciation into the preamble of the European Convention of Human Rights, presumably cementing what President Spano has referred to as the ‘Age of Subsidiarity’, in which the European Court of Human Rights applies the margin of appreciation more often and increases deference to state parties. This insertion was done on the behest of the High Contracting Parties as part of the Int…
Judicial Independence and Impartiality
Judges should be impartial and independent, judging based solely on the law. Current constitutional literature suggests an important factor in securing this may be the length of tenure. The assumption is that judges with non-renewable terms are more independent than judges with renewable terms since they do not have to worry about reappointment, but proving this assumption empirically is not straightforward. Obstacles include difficulties in comp…
European and International Law Studies (2 works) · Human rights (2 works) · Judicial and Constitutional Studies (2 works) · Law (2 works) · Law and economics (2 works) · Political science (2 works) · Sociology (2 works) · Constitutional court (1 work) · Deference (1 work) · Doctrine (1 work)