Book contents
- Framing a Convention Community
- Framing a Convention Community
- Copyright page
- Dedication
- Contents
- Preface and Acknowledgments
- Table of Cases
- Table of International Instruments
- Abbreviations
- Introduction
- 1 Supranationality
- 2 Rediscovering Supranationality
- 3 From International toward Supranational Adjudication
- 4 Sites of Judicial Integration and Their Transformation
- 5 Supranational Lawmaking
- 6 From Supranational Adjudication to Supranational Law?
- Conclusion Framing a Convention Community
- Bibliography
- Index
5 - Supranational Lawmaking
Published online by Cambridge University Press: 12 November 2021
- Framing a Convention Community
- Framing a Convention Community
- Copyright page
- Dedication
- Contents
- Preface and Acknowledgments
- Table of Cases
- Table of International Instruments
- Abbreviations
- Introduction
- 1 Supranationality
- 2 Rediscovering Supranationality
- 3 From International toward Supranational Adjudication
- 4 Sites of Judicial Integration and Their Transformation
- 5 Supranational Lawmaking
- 6 From Supranational Adjudication to Supranational Law?
- Conclusion Framing a Convention Community
- Bibliography
- Index
Summary
Although any act of (international) judicial interpretation can be conceived of as lawmaking, judicial lawmaking under the Convention system is particularly extensive both in quality and quantity. Today, the text of the ECHR and its Protocols is merely the basis of a much larger notion of Convention law. This chapter discusses lawmaking understood as the general effect of Strasbourg case-law beyond the individual case. It analyzes the Court’s extensive lawmaking function from a Convention perspective and argues that ECHR lawmaking is uniquely supranational and integrative. The ECtHR resorts to a majoritarian approach to set a human rights standard, which may be (re-)imposed on states by virtue of the Court’s interpretative authority and states’ primary duty to secure Convention rights. The possibility of third-party interventions can be viewed as both an expression and justification of the Court’s lawmaking power and interpretative authority.
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- Framing a Convention CommunitySupranational Aspects of the European Convention on Human Rights, pp. 132 - 162Publisher: Cambridge University PressPrint publication year: 2021