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The European Court of Human Rights ("ECtHR") suffers from the
burgeoning caseload and challenges to its authority. This
two-pronged crisis undermines the ECtHR's legitimacy and
consequently the functioning of the whole European human rights
regime. Domestic courts can serve as welcome allies of the
Strasbourg Court. They have a potential to diffuse Convention norms
domestically, and therefore prevent and filter many potential human
rights violations. Yet, we know very little about how domestic
courts actually treat the Strasbourg Court's rulings. This book
brings unique empirical findings on how often, how and with what
consequences domestic judges work with the ECtHR's case law. It
moves beyond the narrow concept of compliance and develops a new
three-level methodology for analysing the role played by domestic
courts in the implementation of ECtHR case law. Moreover, using the
example of Czechia, it shifts the attention from Western countries
to a more volatile Central and Eastern European region, which has
recently witnessed democratic backsliding and backlash against
international checks on human rights and the rule of law standards.
Looking at a wider social and legal context, this book identifies
factors helping transitional countries to adapt to regional human
rights regimes. The work will be an essential resource for
students, academics and policy-makers working in the areas of
Constitutional law, Politics and Human Rights law. Its global
appeal is enhanced by the methodological framework which is
applicable in other international systems.
The European Court of Human Rights ("ECtHR") suffers from the
burgeoning caseload and challenges to its authority. This
two-pronged crisis undermines the ECtHR's legitimacy and
consequently the functioning of the whole European human rights
regime. Domestic courts can serve as welcome allies of the
Strasbourg Court. They have a potential to diffuse Convention norms
domestically, and therefore prevent and filter many potential human
rights violations. Yet, we know very little about how domestic
courts actually treat the Strasbourg Court's rulings. This book
brings unique empirical findings on how often, how and with what
consequences domestic judges work with the ECtHR's case law. It
moves beyond the narrow concept of compliance and develops a new
three-level methodology for analysing the role played by domestic
courts in the implementation of ECtHR case law. Moreover, using the
example of Czechia, it shifts the attention from Western countries
to a more volatile Central and Eastern European region, which has
recently witnessed democratic backsliding and backlash against
international checks on human rights and the rule of law standards.
Looking at a wider social and legal context, this book identifies
factors helping transitional countries to adapt to regional human
rights regimes. The work will be an essential resource for
students, academics and policy-makers working in the areas of
Constitutional law, Politics and Human Rights law. Its global
appeal is enhanced by the methodological framework which is
applicable in other international systems.
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