MultiRights Seminar: National Parliaments in the Reasoning of the European Court of Human Rights
Matthew Saul will present a paper that addresses how the processes of national parliaments feature in the practice of the ECtHR.
The paper asks: on what interpretive bases are parliamentary processes evaluated (margin of appreciation and/or proportionality analysis)? What sorts of processes are valued? To what intensity have processes been reviewed? Is there consistency in the way processes been valued (for instance, on the basis of subject matter, and/or nature of the respondent state)?
The analysis concentrates on how far the Court’s practice in this area is consistent with a move towards a coherent and substantive understanding of one of its guiding principles, subsidiarity. Consideration is also given to the extent to which it would be within the Court’s capacity, as a legal and practical matter, to deepen and make its practice in this area more consistent.
Matthew Saul is a post-doctoral research fellow at PluriCourts, on the European Research Council (ERC) funded MultiRights project