Fault lines in the functions of procedural review in human rights adjudication

PluriCourts seminar with Postdoctoral Fellow Matthew Saul

Abstract:

In this paper, I examine possible tensions between justificatory and promotional understandings of the function of procedural review, as practiced, for example, by the European Court of Human Rights. By justificatory, I mean using procedural considerations to help determine whether there has been a human rights violation. By promotional, I mean the potential for procedural review to impact on how future practice is undertaken by the body reviewed and/or similar bodies. The significance of possible fault lines between these two understandings might vary depending on the nature of the court performing procedural review and the type of body that is being reviewed; how far, if at all, should the judicial body take these tensions into account, what new lines of research does this way of thinking reveal?

 

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PluriCourt Seminars are a forum for pluridisciplinary discussion of core issues relating to international courts and tribunals. PluriCourts scholars or invited speakers present new and ongoing research or comment on current questions. The seminars are open to everyone.

Tags: Human Rights
Published Feb. 27, 2017 3:07 PM - Last modified Mar. 7, 2017 11:40 AM