The Independence of Judges. N. A. Engstad, A. L. Frøseth and B. Tønder, eds, Eleven, Forthcoming
14 Pages Posted: 20 Nov 2013 Last revised: 12 Feb 2014
Date Written: November 19, 2013
The internationalization of law adds new issues to the classical topic of how and when judicial review may be legitimate. We discuss review of national law on the basis of the European Convention on Human Rights (ECHR) by the European Court of Human Rights (ECtHR) and by the Norwegian Supreme Court. We are concerned both with the possible democratic legitimacy of such review, and other grounds for legitimacy. We finally point to some implications of this internationalization of law for public perceptions of the judges’ functions in society and for their independence – and some implications for the Norwegian selection of judges to the Supreme Court and the ECtHR.
Suggested Citation: Suggested Citation
Ulfstein, Geir and Follesdal, Andreas, The European Court of Human Rights and the Norwegian Supreme Court – Independence and Democratic Control (November 19, 2013). The Independence of Judges. N. A. Engstad, A. L. Frøseth and B. Tønder, eds, Eleven, Forthcoming; PluriCourts Research Paper No. 13-03; University of Oslo Faculty of Law Research Paper No. 2013-33. Available at SSRN: https://ssrn.com/abstract=2356770