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- Title
Borrowed Words and Judicial Gestalt: A Dialogical Reading of Hirst, the ECtHR and Prisoner Voting Rights.
- Authors
Etxabe, Julen
- Abstract
This article suggests that judgments of the European Court of Human Rights exhibit a textual quality that Mikhail Bakhtin called dialogism , namely, a kind of discourse constituted by a plurality of mutually effecting and interpenetrated voices. Such compositional choice is not just a lengthy prolegomenon to any decision, nor an unnecessary appendix that could be safely eliminated; it is actually fundamental for the construction—and comprehension—of any ECtHR opinion. In this article, I will focus on the 2005 case of Hirst , in which the Grand Chamber declared that the UK legislative blanket ban on prisoner voting is incompatible with the European Convention of Human Rights. As a controversial case about as-yet live-wire issues, Hirst can be shown to be a profoundly dialogized text despite all appearances to the contrary, which paves the way for a more general argument about the dialogical practice of adjudication by the Court.
- Subjects
LEGAL status of prisoners; SUFFRAGE; BAKHTIN, M. M. (Mikhail Mikhailovich), 1895-1975; DEMOCRACY; ACTIONS &; defenses (Law)
- Publication
Human Rights Law Review, 2024, Vol 24, Issue 1, p1
- ISSN
1461-7781
- Publication type
Article
- DOI
10.1093/hrlr/ngad044