We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
In defense of deference: International human rights as standards of review.
- Authors
Føllesdal, Andreas
- Abstract
The article discusses the practice of deference between well-functioning democracies and international human rights courts, focusing on the European Court of Human Rights (ECtHR). It explores concerns and criticisms surrounding this practice, such as potential human rights violations and the emergence of juristocracy. The article defends the practice of deference, emphasizing the importance of democratic decision-making and the need to protect individuals from human rights abuses. It also acknowledges the need for improvements in the ECtHR's processes and doctrines, including the need for more diverse judges and clearer criteria for determining a European consensus.
- Subjects
HUMAN rights; GAY couples; JUDICIAL elections; LEGAL judgments; EUROPEAN Convention on Human Rights; SOCIAL theory; SOCIAL &; economic rights
- Publication
Journal of Social Philosophy, 2023, Vol 54, Issue 4, p526
- ISSN
0047-2786
- Publication type
Article
- DOI
10.1111/josp.12449