Placing Parliamentary Process in the Case Law of the ECtHR: Margin of Appreciation and/or Substantive Review?
MultiRights seminar with Postdoctoral Research Fellow Matthew Saul.
In recent case law, the European Court of Human Rights (ECtHR) has made reference to the quality of an underlying parliamentary process in the assessment of whether a piece of legislation is in compliance with the ECHR (see, e.g., Parrillo v Italy, 2015). It is, though, not always consistent or clear as to whether the quality of the process is being used to determine the strength of scrutiny that will be employed in the substantive analysis (margin of appreciation) or whether it is one consideration that is being weighed in the substantive (proportionality) analysis. By reflecting on existing practice in the light of the debate on the legitimacy and effectiveness of the Court as a source of human rights protection, this paper seeks to develop a clearer understanding of the significance of the Court’s approach to engaging with the quality of parliamentary process and the scope for improvement.
The MultiRights seminars are organised by the MultiRights project on the multi-level human rights judiciary. They provide a forum for discussions for researchers from various backgrounds, including law, philosophy and political science. The seminars take place on a regular basis on Tuesdays and are open for all.