The International Human Rights Judiciary and National Parliaments

Europe and Beyond

Matthew Saul, Andreas Follesdal, Geir Ulfstein

• Publisher: Cambridge University Press
• Year: 2017
• ISBN:
  9781316879948
• Topic: Politics & International Relations
• Subtopic: Human Rights
• Index: Politics & International Relations

The emerging international human rights judiciary (IHRJ) threatens national democratic processes and 'hollows out' the scope of domestic and democratic decision-making, some argue. This new analysis confronts this head on by examining the interplay between national parliaments and the IHRJ, proposing that it advances parliament's efforts. Taking Europe and the European Court of Human Rights as its focus - drawing on theory, doctrine and practice - the authors answer a series of key questions. What role should parliaments play in realising human rights? Which factors influence the effects of the IHRJ on national parliaments' efforts? How can the IHRJ adjust its influence on parliamentary process? And what triggers the backlash against the IHRJ from parliaments and when? Here, the authors lay foundations for better informed scholarship and legal practice in the future, as well as a better understanding of how to improve the effectiveness and validity of the IHRJ.

Table of contents

• Cover
• Half-title page
• Series page
• Title page
• Copyright page
• Contents
• Notes on the Contributors
• Acknowledgements
• Introduction
• Part I The Human Rights Role of Parliaments
• Part II The International Human Rights Judiciary in the Practice of Parliaments
• Part III National Parliaments in the Practice of the International Human Rights Judiciary
• Part IV Managing Relations between Parliaments and the International Human Rights Judiciary
• Index