Democratic legitimacy in human rights implementation

To what extent are parliaments of individual countries involved in the implementation of the judgments of the European Court of Human Rights? And is it right that they should be? 

This project starts with the hypothesis that parliamentary engagement and oversight are critical to effective implementation of European Court of Human Rights judgements. Parliamentary engagement is needed both to confer democratic legitimacy on the process and to produce the desired outcome of the judgment. 

Researchers will explain and analyse models for parliamentary engagement in the execution of Strasbourg judgments and highlight effective and innovative practice. Detailed investigation will focus on five Council of Europe states which present a range of practice in relation to parliamentary implementation. From those with more advanced and entrenched engagement (UK, Netherlands, Germany), to the more recent and embryonic (Romania and Ukraine).

Project details

 

Researcher:

Professor Philip Leach, HRSJRI London Metropolitan University

Funding Programme:

Law in Society

Amount and duration:

£77,754

September 2011-February 2013

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