The European Court of Human Rights: Promoter or Predator of Democratic Transitions?

Special issue edited by Postdoctoral Fellow Claudio Corradetti and Basak Cali (Koç University), to appear in the German Law Journal.

The contributions in the special issue will be based on a workshop held in Istanbul on 19-20 September 2015.

The workshop has defined varieties of “democratic models” and “democratic transitions” on the basis of the jurisprudence of the Strasbourg Court. Different typologies or phases of democratic transitions have been discussed whereby the Court has been involved: from post-World War II transitions, to authoritarian transitions in late 70s, to more recent cases of democratic shifts. A special focus has considered the significance of others transitions as those “within democracies” or “uncompleted transitions” or even “reverse” or “stalled” transitions.

The working hypothesis was that different instances of democratic or reverse transitions offer us lessons about alternative and possibly competing ways in which the Court adopts a proportionality standard and assesses the reasonability of deliberations in national parliaments and constitutional courts.

Tags: Human Rights, Legitimacy
Published Oct. 21, 2015 2:49 PM - Last modified Sep. 1, 2016 2:56 PM