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The European Court of Human Rights and the Norwegian Supreme Court – Independence and Democratic Control

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

14 Pages Posted: 20 Nov 2013 Last revised: 12 Feb 2014

Geir Ulfstein

Faculty of Law, University of Oslo; Pluricourts

Andreas Follesdal

Pluricourts

Date Written: November 19, 2013

Abstract

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

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

Geir Ulfstein (Contact Author)

Faculty of Law, University of Oslo ( email )

PO Box 6706 St Olavsplass
Oslo, 0130
Norway

Pluricourts

Norway

Andreas Follesdal

Pluricourts ( email )

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

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