Much Ado about Nothing? International Judicial Review of Human Rights in Well Functioning Democracies
This article by Andreas Føllesdal will appear in The Legitimacy of International Human Rights Regimes, edited by A. Follesdal, J. Schaffer and G. Ulfstein (Cambridge, Cambridge University Press). Read the chapter.
The chapter addresses some of the tensions between sovereignty, international human rights review and legitimacy. It brings these findings to bear on the proposals for reform of the European Court of Human Rights (ECtHR) that would reduce its authority over national legislatures and judiciaries.