Chapter

Constitutional v International? When Unified Reformatory Rationales Mismatch the Plural Paths of Legitimacy of ECHR Law

Stéphanie Hennette-Vauchez

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/9780199694495.003.0008
Constitutional v International? When Unified Reformatory Rationales Mismatch the Plural Paths of Legitimacy of ECHR Law

Show Summary Details

Preview

This chapter challenges the relevance of the reformatory rationale that has imposed itself over the past decade with respect to ECHR reform, that is one based on an alternative between individual/international justice, one the one hand, and constitutional justice, on the other hand. More specifically, the study shows the width of the gap between this alternative and the perceptions of ECHR law at the national levels to which it applies. It then suggests that there is a mismatch between a dominant transnational discourse of ECHR law and its varied national realities.

Keywords: constitutional justice; international justice; national perceptions; ECHR law; national level

Chapter.  11516 words. 

Subjects: Public International Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.