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12 - Conclusions

Published online by Cambridge University Press:  07 September 2011

Antoine Buyse
Affiliation:
Universiteit Utrecht, The Netherlands
Michael Hamilton
Affiliation:
Central European University, Budapest
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Summary

This assertion from the dissenting opinion of Judge Bonello in the Sejdić and Finci case of 2009 illustrates that there is discussion within the European Court of Human Rights on the Court’s role in transitions. Obviously, the situation at hand – the continuously tense aftermath of the bloody and traumatic war in Bosnia and Herzegovina – might be a very extreme example, but the wider salience of Judge Bonello’s remark should not be ignored. This book set out to question and analyse to what extent the European Court has developed a specific transitional jurisprudence. By looking at a broad range of issues – from freedom of religion to property rights and from the right to free elections to freedom of expression – a diversified picture emerges. This chapter draws together common threads from the preceding contributions and overviews the different settings in which arguments from transition have been permitted or denied.

Type
Chapter
Information
Transitional Jurisprudence and the ECHR
Justice, Politics and Rights
, pp. 286 - 300
Publisher: Cambridge University Press
Print publication year: 2011

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References

Sadurski, W.Partnering with StrasbourgHuman Rights Law Review 9 2009 397CrossRefGoogle Scholar
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Sweeney, J.Margins of Appreciation: Cultural Relativity and the European Court of Human Rights in the Post-Cold War Era 54 ICLQ 2005 459CrossRefGoogle Scholar
Schokkenbroek, JThe Basis, Nature and Application of the Margin of Appreciation Doctrine in the Case law of the European Court of Human RightsHuman Rights Law Journal 19 1998 30Google Scholar
’Donnell, T. A.The Margin of Appreciation Doctrine Standards in the Jurisprudence of the European Court of Human RightsHuman Rights Quarterly 4 1982 479Google Scholar
Seymour, DavidThe Extension of the European Convention on Human Rights to Central and Eastern Europe: Prospects and Risks 8 Conn. J. Int’L243 1993 260Google Scholar

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