The European Court of Human Rights in the Post-Cold War Era: Universality in Transition
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"The European Court of Human Rights has
been a vital part of European democratic consolidation and integration for over
half a century, setting meaningful standards and offering legal remedies to the
individually repressed, the politically vulnerable, and the socially excluded.
After their emancipation from Soviet influence in the 1990s, and with membership
of the European Union in mind for many, the new democracies of Central and
Eastern Europe flocked to the Convention system. However, now the "gold rush" is
over, the court's position in the "New Europe" is under threat. Its ability to
decide cases promptly is almost fatally compromised, and the reform of its
institutional architecture is effectively blocked by Russia. The time is right
to take stock, to benefit from hindsight, and to consider how the court can
respond to the situation. This book examines the case law of the European Court
of Human Rights with particular reference to democratic transitions in Europe
and the consequent enlargement of the European Convention system. Focusing
firmly on the substantive jurisprudence of the court, the book analyses how it
has responded to the difficult and distinct circumstances presented by the new
contracting parties. Faced with different stages of, and commitments to,
democratic transition, how has the court reacted to such diversity whilst
maintaining the universality of human rights, and how is this reflected in its
judgments? The book tackles this question by matching rigorous doctrinal
analysis of the case law with new developments in critical thinking. The cases
are viewed through the prism of jurisprudence and political philosophy, with
links made to European political integration and other international human
rights systems. The book offers an original explanation of the court's
predicament by drawing upon "thick" and "thin" notions of morality and tying
this to notions of essential contestability".
