Publication details

The Populist Challenge to the European Court of Human Rights

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Year of publication 2018
Type Article in Periodical
Magazine / Source NYU Jean Monnet Working Paper Series
MU Faculty or unit

Faculty of Law

Keywords European Court of Human Rights; populism; criticism of the European Court of Human Rights; judicial independence; judicial accountability; judicial self-government; crisis of liberal democracy; global constitutionalism; European constitutionalism
Description The past decade gave rise to serious criticism of the ECtHR. This article analyzes the position of the ECtHR with regard to a more recent phenomenon challenging the ECtHR – an unprecedented wave of populism in Europe. The article argues that the rise of populism not only intensifies the pressure on the ECtHR; it poses a serious and distinctive challenge to the ECtHR since supranational judicial review is at odds with the populist ideology.
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