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Judicial avoidance at the European Court of Human Rights: Institutional authority, the procedural turn, and docket control

Abstract:

This article concerns the ongoing conflict over the authority of the European Court of Human Rights (ECtHR). As has been widely discussed, the authority of the Court has come under sustained pressure from states over the last decade. As one response to this pressure, the Court has undertaken what the literature calls a procedural turn - a doctrinal shift that has incorporated its changing political dynamic into its case law. The procedural turn is constituted by renewed deference to national ...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1093/icon/moac003

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Oxford college:
Jesus College
Role:
Author
ORCID:
0000-0001-5737-7827
Publisher:
Oxford University Press
Journal:
International Journal of Constitutional Law More from this journal
Volume:
20
Issue:
1
Pages:
112-140
Publication date:
2022-04-06
Acceptance date:
2022-04-01
DOI:
EISSN:
1474-2659
ISSN:
1474-2640
Language:
English
Keywords:
Pubs id:
1256633
Local pid:
pubs:1256633
Deposit date:
2022-11-19

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