Stone Sweet, Sandholtz, & Andenas: The Failure to Destroy the Authority of the European Court of Human Rights: 2010-2018

Alec Stone Sweet (Univ. of Hong Kong), Wayne Sandholtz (Univ. of Southern California - International Relations), & Mads Andenas (Univ of Oslo - Law) have posted The Failure to Destroy the Authority of the European Court of Human Rights: 2010-2018. Here's the abstract:

In the 2010-2018 period, certain Member States of the Council of Europe engaged in an unprecedented attempt to undermine the authority of the European Court of Human Rights. The United Kingdom and Denmark, supported by critics in academia, notably sought to institutionalise the principles of ‘subsidiarity’ and ‘margin of appreciation’ as formal deference doctrines. In a series of High Level Conferences, a large majority of Member States repudiated these efforts, leaving the basics of the Court’s powers intact. Despite scholarly efforts to demonstrate the contrary, our analysis does not confirm that the Court has ‘walked-back’ rights, or retreated from its basic jurisprudential orientations.