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The Impact of European Human Rights Law and Case-Law on Democracy

The Impact of European Human Rights Law and Case-Law on Democracy. Dr. Basak Cali Principle Investigator, The Legitimacy and the Authority of Supranational Human Rights Courts Project Department of Political Science University College London b.cali@ucl.ac.uk Anne Koch, M.A. Researcher

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The Impact of European Human Rights Law and Case-Law on Democracy

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  1. The Impact of European Human Rights Law and Case-Law on Democracy Dr. Basak Cali Principle Investigator, The Legitimacy and the Authority of Supranational Human Rights Courts Project Department of Political Science University College London b.cali@ucl.ac.uk Anne Koch, M.A. Researcher University College London and Berlin School for Transnational Studies anne.koch@ucl.ac.uk or koch@transnationalstudies.eu Project Website: http://ecthrproject.wordpress.com/

  2. Linkages between Human Rights and Democracy in the European Context The European Convention of Human Rights: Pprovisions safeguarding civil and political rights The European Court of Human Rights (ECtHR): Judgments reinforcing standards of democratic governance

  3. The Expansion of Rights under Democracy ECtHR case law • considers democratic legitimacy to be based on the protection of rights and freedoms • regards rights protection as a tool for democratization • pursues an expansive interpretation of rights, based on the Convention’s ‘necessary in a democratic society’ clause

  4. European Human Rights Law : Guardian of Pre-Democratic Rights Pre-democratic rights • based on the idea of human dignity • outside the sphere of political negotiation • extend to non-citizens

  5. European Human Rights Law:Protecting Non-Citizens and Marginalized Groups • Avenue of last resort for individuals and groups with limited access to national political institutions • Non-discrimination case law and positive obligations constitute important tools of empowerment

  6. European Human Rights Law:Guiding Principles for Democratic Decision-Makers • ECtHR case law provides standards regarding procedural rights • ECtHR judgments point out necessary reforms in the administration of justice • Principles of proportionality and positive obligation provide practical guidance for balancing rights in everyday democratic practice

  7. Conclusions European Human rights law and case law • are characterized by an inherently expansive notion of rights • balance universal principles and national democratic processes • limit national sovereignty through the specification of pre-democratic rights

  8. Thank you for your attention! Project Website: http://ecthrproject.wordpress.com/

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