The Legitimacy Deficits of the Human Rights Judiciary: Elements and Implications of a Normative Theory

Theoretical Inquiries in Law, Volume 14, No 2, 2013

23 Pages Posted: 7 May 2013

Date Written: 2013

Abstract

The Article addresses some of the disagreement concerning the legitimacy of the international human rights judiciary. It lays out some aspects of a theory of legitimacy for the international human rights judiciary that seem relevant to addressing two challenges: First, it is difficult to justify the human rights judiciary by appeal to standard accounts of why states agree to subject themselves to treaties. What is the problem the international human rights judiciary is meant to help solve? Second, the human rights judiciary seems undemocratic and even antidemocratic when it overrules domestic, accountable legislatures. Such international judicial review is therefore sometimes thought to be normatively illegitimate, at least regarding democracies.

Suggested Citation

Follesdal, Andreas, The Legitimacy Deficits of the Human Rights Judiciary: Elements and Implications of a Normative Theory (2013). Theoretical Inquiries in Law, Volume 14, No 2, 2013. Available at SSRN: https://ssrn.com/abstract=2261060 or http://dx.doi.org/10.2139/ssrn.2261060

Andreas Follesdal (Contact Author)

Pluricourts ( email )

P.O. Box 6706
St. Olavs plass 5
0130 Oslo
Norway

Register to save articles to
your library

Register

Paper statistics

Downloads
183
rank
156,685
Abstract Views
1,354
PlumX Metrics