The Legitimacy of the European Human Rights Regime - A View from the United Kingdom

28 Pages Posted: 27 Sep 2017 Last revised: 8 Dec 2017

Tamas Gyorfi

University of Aberdeen - School of Law

Date Written: December 7, 2017

Abstract

The purpose of the present paper is threefold. First, my ambition is to improve the analytical framework that is used to assess the legitimacy of the European Court of Human Rights. The Court’s authority can neither be established nor refuted by a single master-argument. Instead, what we need is a careful balancing exercise and this piece aims to set out the main elements of the justificatory equation. Second, using this framework, I intend to put forward the outline of a coherent critique of the European human rights regime. Third, I hope that my paper is able to shed light on why it is natural to expect more vocal criticism from the United Kingdom than from most other member states of the Council of Europe.

Keywords: ECHR, Human Rights, European Court of Human Rights, Strasbourg, Human Rights Act

Suggested Citation

Gyorfi, Tamas, The Legitimacy of the European Human Rights Regime - A View from the United Kingdom (December 7, 2017). Available at SSRN: https://ssrn.com/abstract=3042230 or http://dx.doi.org/10.2139/ssrn.3042230

Tamas Gyorfi (Contact Author)

University of Aberdeen - School of Law ( email )

Taylor Building
King's College
Aberdeen, Scotland AB24 3UB
United Kingdom

HOME PAGE: http://https://www.abdn.ac.uk/law/people/profiles/t.gyorfi

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