Is international judicial human rights review anti-democratic and therefore illegitimate, and objectionably epistocratic to boot? Or is such review compatible with—and even a recommended component of—an epistemic account ...

This material has been published in Moral and Political Conceptions of Human Rights: Implications for Theory and Practice edited by Reidar Maliks and Johan Karlsson Schaffer. This version is free to view and download for ...

What might the Inter-American Court of Human Rights (IACtHR) gain from a ‘judicial dialogue’ with the European Court of Human Rights (ECtHR) in the form of borrowing the ECtHR’s margin of appreciation doctrine? Arguably, ...

Tilgjengeliggjort med tillatelse fra Pax Forlag.

Published December 2013 © Cambridge University Press http://www.cambridge.org/cr/academic/subjects/law/human-rights/legitimacy-international-human-rights-regimes-legal-political-and-philosophical-perspectives

The chapter addresses some of the tensions between sovereignty, international human rights review and legitimacy, and bring these findings to bear on the proposals for reform of the European Court of Human Rights (ECtHR) ...

A Principle of Subsidiarity regulates the allocation and/or use of authority within a political order where authority is dispersed between a centre and various sub-units. Section 1 sketches the role of such principle of ...

These reflections elaborates the theory of The Idea of Human Rights by addressing a topic that theory attempts to bracket: international and regional judicialization in the form of international courts and tribunals. Using ...