Universality or Diversity of Human Rights
Strasbourg in the Age of Subsidiarity
Bibliographic Data
| ID | 6068972 |
|---|---|
| Authors | Romina Spano (0000-0003-0557-3011, European Faculty of Law, corresponding author) |
| Year | 2014 |
| Volume | 14 |
| Issue | 3 |
| Pages | 487-502 |
| Publication date | 2014-09-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Human Rights Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1461-7781 • E-ISSN: 1744-1021 |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/hrlr/ngu021 |
| OpenAlex | W1971947113 |
| Language | EN |
| Citations received | 30 |
Over the past few years, the European Court of Human Rights has been criticised in several extrajudicial speeches in the United Kingdom. In this article the author, a judge of the Strasbourg Court, analyses some of this criticism, focussing especially on Lord Hoffmann’s views in his 2009 farewell lecture, The Universality of Human Rights, as well as discussing some more recent speeches by senior British judges. The author argues that, contrary to some of this criticism, the Strasbourg Court has gradually developed its approach in relation to the principle of subsidiarity and the margin of appreciation by adopting a qualitative, democracy-enhancing approach in the assessment of domestic decision-making in the field of human rights. In this way, the Court has demonstrated its willingness to defer to the reasoned and thoughtful assessment by national authorities of their Convention obligations. In this connection, the article then discusses briefly the case law of the Strasbourg Court on the exhaustion of domestic remedies in relation to declarations of incompatibility under the Human Rights Act 1998 (UK).
Convention · Criticism · Democracy · European union · Fundamental rights · Human rights · Judgement · Margin of appreciation · Political science · Politics · Proportionality (law) · Sociology · Subsidiarity · Universality (dynamical systems) · European and International Law Studies · Judicial and Constitutional Studies · Law · Ombudsman and Human Rights
Securing the Future of the European Court of Human Rights in the Face of uk Opposition
Transnational constitutional aspects of the European Court of Human Rights
Opting Out of “Global Constitutionalism”
Obstacles to and opportunities for protecting human rights at the city level
Delayed but not derailed
Positive subsidiarity and its implications for the margin of appreciation doctrine
Subsidiarity does not win cases
Da Expansão Ao Backlash? A Corte Europeia De Direitos Humanos E a Transformação Da Europa - Doi
Of Bodies and Burkinis
Blanket Bans, Subsidiarity, and the Procedural Turn of the European Court of Human Rights
The Procedural Approach of the European Court of Human Rights
The Admissibility Criterion Under Article 35(3)(b) Echr
A Defence of the Margin of Appreciation and an Argument for Its Application by the Human Rights Committee
Strategic Admissibility Decisions in the European Court of Human Rights
European Human Rights Justice and Privatisation
Between Forbearance and Audacity
The Future of the European Court of Human Rights—Subsidiarity, Process-Based Review and the Rule of Law
Abstract but Concrete, or Concrete but Abstract? A Guide to the Nature of Advisory Opinions under Protocol No 16 to the ECHR
Derogations from the European Convention on Human Rights
The European Court of Human Rights—Can there be too much Success
In defense of deference
The legitimacy of the European human rights regime – a view from the United Kingdom
Avoiding another Brexit
Two-level politics and the backlash against international courts
Strasbourg’s Response to Gay and Lesbian Parenting
Subsidiarity Post-Brighton
Counterpedagogy, Sovereignty, and Migration at the European Court of Human Rights
Sovereignty, Substance, and Public Support for European Courts’ Human Rights Rulings
Frame analysis of European human rights
Framing climate remedies in European human rights law
| Unique citing works | 30 |
|---|---|
| Citations per year | 3 |
| Citation span | 2016 - 2026 (11) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 16 |