ECPR

Install the app

Install this application on your home screen for quick and easy access when you’re on the go.

Just tap Share then “Add to Home Screen”

ECPR

Install the app

Install this application on your home screen for quick and easy access when you’re on the go.

Just tap Share then “Add to Home Screen”

Beyond Compliance: Domestic Politics, National Courts and International Human Rights Law

Constitutions
Democratisation
European Politics
Human Rights
Latin America
Transitional States
Courts
Jurisprudence
P020
David Kosar
Masaryk University
Marlene Wind
University of Copenhagen

Building: Faculty of Arts, Floor: 4, Room: FA408

Saturday 11:00 - 12:40 CEST (10/09/2016)

Abstract

International human rights law has undoubtedly a very strong impact going beyond the relationship of the state with concrete individuals. Throughout the last two decades, international human rights law and individual treaty bodies continuously shaped and reshaped domestic politics, principle of separation of powers, interpretation of constitutions, and a way people think about law. However, international human rights courts are not the only, nor the most influential actor facilitating its implementation. Level of compliance and possible political change is strongly dependent on various national actors, especially constitutional courts which might serve as a proxy for international courts at domestic level. This panel looks beyond general questions of compliance of individual state with its own human rights commitments and addresses salient questions of relationship between the international human rights courts and domestic legal and political institutions. The panel contains both theoretical and empirical papers focusing on the European and Inter-American regional human rights systems.

Title Details
High Courts as Gate Keepers View Paper Details
On the Causal Significance of Legal Status: Compliance with Binding and Non-Binding Decisions of International Human Rights Supervisory Bodies View Paper Details
(Cross)referencing between Constitutional Courts and International HR Bodies in Times of Transition in Central European Countries View Paper Details
The Architecture of the Strasbourg System of Human Rights: The Crucial Role of the Domestic Level and the Constitutional Courts in Particular View Paper Details