Principled resistance to ECtHR Judgments – A New Paradigm?, edited by Marten Breuer [Book review]

Article

Donald, A. 2020. Principled resistance to ECtHR Judgments – A New Paradigm?, edited by Marten Breuer [Book review]. European Convention on Human Rights Law Review. 1 (2), pp. 297-302. https://doi.org/10.1163/26663236-00102003
TypeArticle
TitlePrincipled resistance to ECtHR Judgments – A New Paradigm?, edited by Marten Breuer [Book review]
AuthorsDonald, A.
Abstract

I first encountered the notion of ‘principled’ objection by states to implementing judgments of the European Court of Human Rights in 2014, when ‘principled non-compliance’ was identified by the Norwegian scholar, Andreas Føllesdal, as the ‘ultimate correction device’ should Strasbourg judges ‘make mistakes’ in their dynamic interpretation of the European Convention on Human Rights. Føllesdal distinguished such ‘civil disobedience’, which would be resolved through judicial dialogue, from bad faith non-compliance. [...]

Research GroupLaw and Politics
PublisherBrill | Nijhoff
JournalEuropean Convention on Human Rights Law Review
ISSN2666-3228
Electronic2666-3236
Publication dates
Online18 Nov 2020
Print18 Nov 2020
Publication process dates
Deposited21 May 2021
Accepted01 Jun 2020
Output statusPublished
Digital Object Identifier (DOI)https://doi.org/10.1163/26663236-00102003
LanguageEnglish
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