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
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
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