In Search of a Standard: References to the Rule of Law in the Case-law of the European Court of Human Rights
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Eszter Polgári
Abstract
The present article maps the explicit references to the rule of law in the jurisprudence of the ECtHR by examining the judgments of the Grand Chamber and the Plenary Court. On the basis of the structured analysis it seeks to identify the constitutive elements of the Court’s rule of law concept and contrast it with the author’s working definition and the position of other Council of Europe organs. The review of the case-law indicates that the Court primarily associates the rule of law with access to court, judicial safeguards, legality and democracy, and it follows a moderately thick definition of the concept including formal, procedural and some substantive elements. The rule of law references are predominantly ancillary arguments giving weight to other Convention-based considerations and it is not applied as a self-standing standard.
© 2020 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Frontmatter
- Articles
- Democratizing the Doctrine of Unconstitutional Constitutional Amendments: The Puzzle of Amending the Judiciary Branch
- In Search of a Standard: References to the Rule of Law in the Case-law of the European Court of Human Rights
- Judicial Review (Departmentalism) vs Supremacy: The Connection to a 17th Century Debate and a Dilemma for Today
- The Five Models for State and Religion: Atheism, Theocracy, State Church, Multiculturalism, and Secularism
Articles in the same Issue
- Frontmatter
- Articles
- Democratizing the Doctrine of Unconstitutional Constitutional Amendments: The Puzzle of Amending the Judiciary Branch
- In Search of a Standard: References to the Rule of Law in the Case-law of the European Court of Human Rights
- Judicial Review (Departmentalism) vs Supremacy: The Connection to a 17th Century Debate and a Dilemma for Today
- The Five Models for State and Religion: Atheism, Theocracy, State Church, Multiculturalism, and Secularism
