Publication details

Policing Separation of Powers: A New Role for the European Court of Human Rights?

Authors

KOSAŘ David

Year of publication 2012
Type Article in Periodical
Magazine / Source European Constitutional law Review
MU Faculty or unit

Faculty of Law

Citation
Doi http://dx.doi.org/10.1017/S157401961200003X
Field Law sciences
Keywords European Court of Human Rights; Separation of powers; Stafford/Kleyn and A/Kart strands of case-law; Limitations and institutional deficiencies of the ECtHR in this area; Constitutionalisation of the ECtHR
Description I showed that the ECtHR has within the last decade increasingly intervened in the signatory states’ separation of powers and that this goes to a large extent unnoticed. Through the two case studies (parliamentary immunity and the incompatibility of judicial office with other tasks) I also revealed that the ECtHR’s involvement in domestic separation of powers issues is far broader than generally thought.

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