In defense of deference: International human rights as standards of review.

  • Published In: Journal of Social Philosophy, 2023, v. 54, n. 4. P. 526 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Føllesdal, Andreas 3 of 3

Abstract

The article discusses the practice of deference between well-functioning democracies and international human rights courts, focusing on the European Court of Human Rights (ECtHR). It explores concerns and criticisms surrounding this practice, such as potential human rights violations and the emergence of juristocracy. The article defends the practice of deference, emphasizing the importance of democratic decision-making and the need to protect individuals from human rights abuses. It also acknowledges the need for improvements in the ECtHR's processes and doctrines, including the need for more diverse judges and clearer criteria for determining a European consensus. [Extracted from the article]

Additional Information

  • Source:Journal of Social Philosophy. 2023/12, Vol. 54, Issue 4, p526
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2023
  • ISSN:0047-2786
  • DOI:10.1111/josp.12449
  • Accession Number:174659807
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