The Dangerous Search for an Elusive Consensus: What the Supreme Court Should Learn from the European Court of Human Rights

42 Pages Posted: 27 Jun 2012

Date Written: 2009

Abstract

Both the European Court of Human Rights (to a great extent) and the United States Supreme Court (to a lesser, yet important extent) are resolving important rights claims by looking to societal consensus. This article explores the implications of using a consensus standard on rights and the rule of law.

Keywords: Human rights, Constitution, Constitutional rights, Rule of law, Consensus, Societal consensus

Suggested Citation

Brauch, Jeffrey A., The Dangerous Search for an Elusive Consensus: What the Supreme Court Should Learn from the European Court of Human Rights (2009). Howard Law Journal, Vol. 52, No. 277, 2009, Available at SSRN: https://ssrn.com/abstract=2094454

Jeffrey A. Brauch (Contact Author)

Regent University - School of Law ( email )

1000 Regent University Drive
Virginia Beach, VA 23464
United States

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