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Publication - Professor Steven Greer

    Revisiting the debate about ‘constitutionalizing’ the European Court of Human Rights

    Citation

    Greer, SC & Wildhaber, L, 2012, ‘Revisiting the debate about ‘constitutionalizing’ the European Court of Human Rights’. Human Rights Law Review, vol 12., pp. 655-687

    Abstract

    In spite of the implementation of Protocol No 14 to the European
    Convention on Human Rights on 1 June 2010, the European Court of
    Human Rights continues to face a case overload crisis with no definitive
    solution in sight. In this article we reconsider the role ‘constitutionalisation’might
    play in providing a more secure future. Having distinguished
    the three dominant analytical frameworksç‘individual justice’, ‘constitutional
    justice’ and ‘pluralism’çin the ‘official’ and ‘academic/judicial’
    streams of the debate, we conclude that a fourth, ‘constitutional pluralism’,
    now offers a particularly attractive alternative.

    Full details in the University publications repository