Cram, I (2018) Protocol 15 and articles 10 and 11 ECHR—The partial triumph of political incumbency post-Brighton? International and Comparative Law Quarterly, 67 (3). pp. 477-503. ISSN 0020-5893
Abstract
Protocol 15 inserts a new recital into the Preamble of the European Convention on Human Rights (ECHR) which affirms the primacy of national authorities in securing the effective realization of Convention rights. The article discusses the context for Protocol 15, notably the Brighton Declaration, and the democratic principles it engages. A selective retreat from substantive supranational review towards systemic supranational review in political expression cases may be occurring. The article questions the emerging pattern by which newer and transitional democracies remain subject to strict levels of supranational scrutiny, whilst their more established counterparts look set to be the main beneficiaries.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2018, British Institute of International and Comparative Law. This article has been published in a revised form in International & Comparative Law Quarterly https://doi.org/10.1017/S0020589318000118. This version is free to view and download for private research and study only. Not for re-distribution, re-sale or use in derivative works. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | Human Rights; Brighton Declaration; Copenhagen Declaration; margin of appreciation; political expression; political incumbency; subsidiarity |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 14 Mar 2018 16:15 |
Last Modified: | 17 Jul 2018 08:14 |
Status: | Published |
Publisher: | Cambridge University Press |
Identification Number: | 10.1017/S0020589318000118 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:128478 |