Chapter

The Protracted Institutionalization of the Strasbourg Court: From Legal Diplomacy to Integrationist Jurisprudence

Mikael Rask Madsen

in The European Court of Human Rights between Law and Politics

Published in print June 2011 | ISBN: 9780199694495
Published online September 2011 | e-ISBN: 9780191729782 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199694495.003.0003
The Protracted Institutionalization of the Strasbourg Court: From Legal Diplomacy to Integrationist Jurisprudence

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Some of the most decisive developments in European human rights law took place in the mid to late 1970s when the ECtHR embarked on crafting what is now known as its dynamic human rights doctrine. Against the background of an analysis of the original development of European human rights as ‘legal diplomacy’, this chapter raises the question of how the considerable change of the Court of the mid to late 1970s came about and which social, political, and legal conditions facilitated it. The chapter addresses both the structure and agency of the ECtHR and their transformations over the period 1959–79. The chapter challenges existing explanations by suggesting a relational and, thus, structural connection between the agency of the ECtHR and its surroundings as a framework for explaining the transformation of the Court.

Keywords: ECtHR; law and politics; Institutionalization; geopolitics; European integration

Chapter.  9731 words. 

Subjects: Public International Law

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