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Convention Constitutionalism
On the Necessity of Judicial Review for Democratic Governance
2024 || Paperback || R. Pierik || Eleven international publishing
The European Court of Human Rights has been criticized for unduly interfering in democratic decision processes. Some argue that the unelected Strasbourg activists in robes should not interfere with democratic policy decisions that were made nationally. This inaugural lecture analyses this practice of rights-based judicial review by the Strasbourg Court. The first part presents a general legal-philosophical background. It explains that republicans, who emphasize the importance of the democrati...