Consensus from within the Palace Walls

21 Pages Posted: 17 Sep 2010

Date Written: September 17, 2010

Abstract

The Article is based on interviews with Judges of the European Court of Human Rights examining their attitude to the European Consensus argument conducted by the author in 2008-2009. The Judges were asked about the impact the European Consensus argument can have on their judgments and what those situations are when they can decide a case in a way opposite to European Consensus. The judges also identified certain functions that comparative law and European Consensus can accomplish in the Court’s reasoning. The process of consensus identification was also a separate issue discussed with the judges during the interviews. The article summarises an attitude to European Consensus by the decision-makers in the Court.

Keywords: European Consensus, European Convention on Human Rights, Interview, Interpretation, Human Rights, Comparative Law, empirical research

Suggested Citation

Dzehtsiarou, Kanstantsin, Consensus from within the Palace Walls (September 17, 2010). UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 40/2010. Available at SSRN: https://ssrn.com/abstract=1678424 or http://dx.doi.org/10.2139/ssrn.1678424

Kanstantsin Dzehtsiarou (Contact Author)

University of Liverpool ( email )

Brownlow Hill
Liverpool, L69 3BX
United Kingdom

HOME PAGE: http://https://www.liv.ac.uk/law/staff/kanstantsin-dzehtsiarou/

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