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3 - Consensus in the Legitimacy-Building Era of the European Court of Human Rights

from Part I - Understanding European Consensus

Published online by Cambridge University Press:  04 January 2019

Panos Kapotas
Affiliation:
University of Portsmouth
Vassilis P. Tzevelekos
Affiliation:
University of Liverpool
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Summary

This chapter addresses the role that ‘consensus’ played in the development of the European Convention on Human Rights in the period up to the late 1990s. Its main focus is upon the case law; however, a running theme will also be how consensus played a broader role, in terms of there being a political will, or consensus, amongst the Convention States – those upon whose consent the progress of the Convention rested – to see the Convention develop. That political consensus was arguably grounded upon a shared vision and commitment of the States toward the idea of the European human rights supervision project. This ‘political consensus’ was in itself a vital ingredient for the success of the Convention system, projecting it forward.
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Chapter
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Building Consensus on European Consensus
Judicial Interpretation of Human Rights in Europe and Beyond
, pp. 42 - 70
Publisher: Cambridge University Press
Print publication year: 2019

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