MultiRights Seminar: The Legitimacy of Human Rights Courts

Abstract

This essay explores the legitimacy of judicial review as used by international human rights courts, and seeks to explain why advanced democracies may have reason to submit to it. Three justifications for international judicial review are canvassed.

The voluntarist view is sceptical, the consequentialist view is conditionally supportive, while only the deontological view supports it unreservedly.

Dr. Maliks's paper (work-in-progress) has been updated and will soon be distributed.

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