The International Human Rights Judiciary and National Parliaments: Europe and Beyond

doi:10.1017/9781316874820

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.

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Contents

The International Human Rights Judiciary and National Parliaments
pp i-i
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Studies on Human Rights Conventions - Series page
pp ii-ii
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The International Human Rights Judiciary and National Parliaments - Title page
pp iii-iii
Europe and Beyond
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Copyright page
pp iv-iv
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Contents
pp v-vi
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Contributors
pp vii-x
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Acknowledgements
pp xi-xii
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Introduction
pp 1-18
- By Matthew Saul, Andreas Follesdal, Geir Ulfstein
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Part I - The Human Rights Role of Parliaments
pp 19-72
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1 - A Transnational Separation of Powers?
pp 21-31
- By Geir Ulfstein
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2 - Effective Parliamentary Oversight of Human Rights
pp 32-58
- By Kirsten Roberts Lyer, Philippa Webb
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3 - Citizens’ Deliberation and Human Rights
pp 59-72
- By Jürg Steiner
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Part II - The International Human Rights Judiciary in the Practice of Parliaments
pp 73-132
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4 - Parliaments as Compliance Partners in the European Convention on Human Rights System
pp 75-109
- By Alice Donald
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5 - Parliamentary Interpretation and Application of European Human Rights Law
pp 110-132
- By Theresa Squatrito
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Part III - National Parliaments in the Practice of the International Human Rights Judiciary
pp 133-272
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6 - How and When Can the International Human Rights Judiciary Promote the Human Rights Role of National Parliaments?
pp 135-166
- By Matthew Saul
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7 - Obligations to ‘Secure’ the Rights of the Convention in an ‘Effective Political Democracy’: How Should Parliaments and Domestic Courts Interact?
pp 167-197
- By Amrei Müller
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8 - Shifting Emergencies from the Political to the Legal Sphere: Placing the United Kingdom’s Derogations from the ECHR in Historical Context
pp 198-222
- By Colin R. G. Murray
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9 - The Role of the European Court of Human Rights in Facilitating Legislative Change in Cases of Long-Term Delays in Implementation
pp 223-247
- By Nino Tsereteli
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10 - The Inter-American Court of Human Rights and the Mobilisation of Parliaments
pp 248-272
- By Leiv Marsteintredet
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Part IV - Managing Relations between Parliaments and the International Human Rights Judiciary
pp 273-387
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11 - Democratic Override (or Rejection) and the Authority of the Strasbourg Court: The UK Parliament and Prisoner Voting
pp 275-303
- By Ed Bates
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12 - Saying ‘No’ to Strasbourg: When Are National Parliaments Justified in Refusing to Give Effect to Judgments of International Human Rights Courts?
pp 304-328
- By Colm O’Cinneide
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13 - Law Making by Law Breaking? A Theory of Parliamentary Civil Disobedience against International Human Rights Courts
pp 329-352
- By Andreas Follesdal
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14 - Conclusion: How Does, Could and Should the International Human Rights Judiciary Interact with National Parliaments?
pp 353-387
- By Matthew Saul
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Index
pp 388-403
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The International Human Rights Judiciary and National Parliaments

Europe and Beyond

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