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Appeals to International Human Rights Law in Constitutional Court Cases: Four European Cases

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Abstract:

Why is there a variance in the use of international human rights law in cases brought before constitutional courts in the European Union? Research on constitutional courts has explained the use of international human rights law as “creeping monism” (Walters, 2007), strategic positioning to ensure continued jurisdiction (Shimmelfenning, 2006), or justification of national laws (Ozel, 2008; Seenyoino, 2007). Research has also explained the use of international human rights law by petitioners to constitutional courts as efforts to overturn national law (Conant, 2003;Alter, 2001). However, this does not explain variances in references to international human rights law by both petitioners and constitutional courts in Eastern European members of the European Union.

Eastern European countries had unique experiences during their transitions to democracy. Some were smooth and negotiated while other countries followed a bumpy road to democracy. Similarly Constitutional Courts of Eastern Europe vary in both petitioners and their use of international human rights law. I hypothesize that experiences during the transition to democracy are reflected in the subsequent use of constitutional courts to protect human rights. This hypothesis is tested by analyzing the transition to democracy and constitutional court cases of the Czech Republic, Slovakia, Romania, and Poland.

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court (255), constitut (243), right (183), human (161), intern (154), law (126), use (94), region (94), case (80), legal (79), european (74), decis (65), countri (64), instrument (62), transit (60), reform (56), judici (53), nation (46), democraci (43), theori (43), polit (37),
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Name: International Studies Association Annual Conference "Global Governance: Political Authority in Transition"
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MLA Citation:

Barrett, Kathleen. "Appeals to International Human Rights Law in Constitutional Court Cases: Four European Cases" Paper presented at the annual meeting of the International Studies Association Annual Conference "Global Governance: Political Authority in Transition", Le Centre Sheraton Montreal Hotel, MONTREAL, QUEBEC, CANADA, Mar 16, 2011 <Not Available>. 2014-11-26 <http://citation.allacademic.com/meta/p498916_index.html>

APA Citation:

Barrett, K. , 2011-03-16 "Appeals to International Human Rights Law in Constitutional Court Cases: Four European Cases" Paper presented at the annual meeting of the International Studies Association Annual Conference "Global Governance: Political Authority in Transition", Le Centre Sheraton Montreal Hotel, MONTREAL, QUEBEC, CANADA Online <PDF>. 2014-11-26 from http://citation.allacademic.com/meta/p498916_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Why is there a variance in the use of international human rights law in cases brought before constitutional courts in the European Union? Research on constitutional courts has explained the use of international human rights law as “creeping monism” (Walters, 2007), strategic positioning to ensure continued jurisdiction (Shimmelfenning, 2006), or justification of national laws (Ozel, 2008; Seenyoino, 2007). Research has also explained the use of international human rights law by petitioners to constitutional courts as efforts to overturn national law (Conant, 2003;Alter, 2001). However, this does not explain variances in references to international human rights law by both petitioners and constitutional courts in Eastern European members of the European Union.

Eastern European countries had unique experiences during their transitions to democracy. Some were smooth and negotiated while other countries followed a bumpy road to democracy. Similarly Constitutional Courts of Eastern Europe vary in both petitioners and their use of international human rights law. I hypothesize that experiences during the transition to democracy are reflected in the subsequent use of constitutional courts to protect human rights. This hypothesis is tested by analyzing the transition to democracy and constitutional court cases of the Czech Republic, Slovakia, Romania, and Poland.


Similar Titles:
Regional Protection of Human Rights as Field of Research of Human Rights, Comparative Politics, International Law and International Organization Theory

Constitutional Courts and International Human Rights Law: Why Do National Constitutional Courts Cite International Human Rights Law?


 
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