Skip to main content Accessibility help
×
Hostname: page-component-6d856f89d9-gndc8 Total loading time: 0 Render date: 2024-07-16T09:07:11.388Z Has data issue: false hasContentIssue false

11 - The European Consensus Doctrine and the ECtHR Quest for Public Confidence

from Part II - Appraising European Consensus

Published online by Cambridge University Press:  04 January 2019

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

Summary

A search for the term ‘public confidence’ in the database of the European Court of Human Rights (ECtHR) reveals that the Court speaks time after time on the judiciary’s need for public confidence in order to function properly. In this chapter, it is explained that this view reflects a new understanding – first detected in the US Supreme Court – of the source of judicial legitimacy. Rather than adhering to the traditional understanding of judicial legitimacy in terms of expertise, the ECtHR understands its source of legitimacy in terms of enduring public support. This explanation of the ECtHR’s understanding of its legitimacy exposes a new function of the European consensus doctrine. Beyond functioning as a tool of decision-making and as a tool to enhance the acceptability of the ECtHR’s judgments, the European consensus also functions as a mechanism that helps to monitor and maintain the ECtHR’s public confidence. As long as there is a European consensus on the legal positions adopted in most ECtHR judgments, public resistance to the Court would be minimal. The chapter concludes with a discussion of the tension between maintaining the ECtHR’s public confidence and its mission to further promote the cause of human rights.
Type
Chapter
Information
Building Consensus on European Consensus
Judicial Interpretation of Human Rights in Europe and Beyond
, pp. 236 - 257
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×