Follesdal, Andreas: In defense of deference: International human rights as standards of review. In: Journal of Social Philosophy, vol. 54, no. 4, pp. 526-547, 2023. @article{RN52180,
title = {In defense of deference: International human rights as standards of review},
author = {Andreas Follesdal},
doi = {10.1111/josp.12449},
year = {2023},
date = {2023-01-01},
journal = {Journal of Social Philosophy},
volume = {54},
number = {4},
pages = {526-547},
abstract = {Member states of the Council of Europe subject themselves to judicial human rights review by the European Court of Human Rights. That Court in turn defers sometimes to the judgments of domestic courts about compliance, granting them a margin of discretion, more so when it sees a European consensus. This complex practice can be justified based on arguments about comparative epistemic expertise, respect for democratic decision making, and the need to avoid undue judicial discretion – juristocracy. While this account supports the general practice, it points to certain weaknesses and areas of improvement: the rules to nominate and elect judges and members of the Registry of the Court, the doctrine of the margin of appreciation, and the rationales for a European consensus.},
keywords = {European Consensus, European Court of Human Rights, Human Rights, Margin of Appreciation},
pubstate = {published},
tppubtype = {article}
}
Member states of the Council of Europe subject themselves to judicial human rights review by the European Court of Human Rights. That Court in turn defers sometimes to the judgments of domestic courts about compliance, granting them a margin of discretion, more so when it sees a European consensus. This complex practice can be justified based on arguments about comparative epistemic expertise, respect for democratic decision making, and the need to avoid undue judicial discretion – juristocracy. While this account supports the general practice, it points to certain weaknesses and areas of improvement: the rules to nominate and elect judges and members of the Registry of the Court, the doctrine of the margin of appreciation, and the rationales for a European consensus. |
Follesdal, Andreas: Better signposts or better walking sticks? How to improve the Emerging European Consensus doctrine of the European Court of Human Rights – and Why?. 2018, (PluriCourts Seminar Oslo). @misc{RN54496,
title = {Better signposts or better walking sticks? How to improve the Emerging European Consensus doctrine of the European Court of Human Rights - and Why?},
author = {Andreas Follesdal},
year = {2018},
date = {2018-02-01},
publisher = {PluriCourts Seminar},
note = {PluriCourts Seminar Oslo},
keywords = {European Consensus, European Court of Human Rights, Human Rights, talk},
pubstate = {published},
tppubtype = {misc}
}
|
Follesdal, Andreas: Improving the European Consensus Doctrine: A Better Signpost, Not a Better Walking Stick. 2018, (European Court of Human Rights Workshop Strasbourg). @misc{RN54498,
title = {Improving the European Consensus Doctrine: A Better Signpost, Not a Better Walking Stick},
author = {Andreas Follesdal},
year = {2018},
date = {2018-02-01},
publisher = {European Court of Human Rights Workshop},
note = {European Court of Human Rights Workshop Strasbourg},
keywords = {European Consensus, European Court of Human Rights, Human Rights, talk},
pubstate = {published},
tppubtype = {misc}
}
|
Follesdal, Andreas: A Better Signpost or a Better Walking Stick? How to Improve the Emerging European Consensus Doctrine and Why Bother?”. 2017, (Pompeu Fabra University Conference on the Legal Philosophy of Global Constitutionalism Barcelona). @misc{RN54511,
title = {A Better Signpost or a Better Walking Stick? How to Improve the Emerging European Consensus Doctrine and Why Bother?”},
author = {Andreas Follesdal},
year = {2017},
date = {2017-06-01},
publisher = {Pompeu Fabra University Conference on the Legal Philosophy of Global Constitutionalism},
note = {Pompeu Fabra University Conference on the Legal Philosophy of Global Constitutionalism Barcelona},
keywords = {European Consensus, European Court of Human Rights, talk},
pubstate = {published},
tppubtype = {misc}
}
|
Follesdal, Andreas: European Consensus – Cairns or Crutches?. 2016, (Workshop on European Consensus European University Institute EUI Florence). @misc{RN54534,
title = {European Consensus – Cairns or Crutches?},
author = {Andreas Follesdal},
year = {2016},
date = {2016-06-01},
publisher = {European University Institute EUI Workshop on European Consensus},
note = {Workshop on European Consensus European University Institute EUI Florence},
keywords = {European Consensus, European Court of Human Rights, talk},
pubstate = {published},
tppubtype = {misc}
}
|
Follesdal, Andreas: Not Cairns but Crutches: Emerging European consensus – why it should matter for the margin of appreciation, and how.. 2016, (iCourts Workshop on the Margin of Appreciation and Democracy Copenhagen). @misc{RN54541,
title = {Not Cairns but Crutches: Emerging European consensus – why it should matter for the margin of appreciation, and how.},
author = {Andreas Follesdal},
year = {2016},
date = {2016-04-01},
publisher = {iCourts Workshop on the Margin of Appreciation and Democracy},
note = {iCourts Workshop on the Margin of Appreciation and Democracy Copenhagen},
keywords = {European Consensus, European Court of Human Rights, Margin of Appreciation, talk},
pubstate = {published},
tppubtype = {misc}
}
|
Follesdal, Andreas: Fragmentation and integration for better and worse: Assessing the doctrines of a Margin of Appreciation and of the Emerging European Consensus. 2015, (Conference on The Global Challenge of Human Rights Integration: Towards a User’s Perspective University of Ghent Ghent). @misc{RN54547,
title = {Fragmentation and integration for better and worse: Assessing the doctrines of a Margin of Appreciation and of the Emerging European Consensus},
author = {Andreas Follesdal},
year = {2015},
date = {2015-12-01},
publisher = {University of Ghent Conference on The Global Challenge of Human Rights Integration: Towards a User's Perspective},
note = {Conference on The Global Challenge of Human Rights Integration: Towards a User's Perspective University of Ghent Ghent},
keywords = {European Consensus, European Court of Human Rights, Human Rights, Margin of Appreciation, talk},
pubstate = {published},
tppubtype = {misc}
}
|
