The international human rights judiciary and national parliaments : Europe and beyond

The emerging international human rights judiciary (IHRJ) threatens national democratic processes and 'hollows out' the scope of domestic and democratic decision-making, some argue. This new analysis confronts this head on by examining the interplay between national parliaments and the IHRJ, proposing that it advances parliament's efforts. Taking Europe and the European Court of Human Rights as its focus - drawing on theory, doctrine and practice - the authors answer a series of key questions. What role should parliaments play in realising human rights? Which factors influence the effects of the IHRJ on national parliaments' efforts? How can the IHRJ adjust its influence on parliamentary process? And what triggers the backlash against the IHRJ from parliaments and when? Here, the authors lay foundations for better informed scholarship and legal practice in the future, as well as a better understanding of how to improve the effectiveness and validity of the IHRJ.

Introduction / Matthew Saul, Andreas Follesdal and Geir Ulfstein -- Part I. The Human Rights Role of Parliaments. A transnational separation of powers? / Geir Ulfstein -- Effective parliamentary oversight of human rights / Kirsten Roberts Lyer and Philippa Webb -- Citizens' deliberation and human rights / Jürg Steiner -- Part II. The International Human Rights Judiciary in the Practice of Parliaments. Parliaments as compliance partners in the European convention on human rights system / Alice Donald -- Parliamentary interpretation and application of European human rights law / Theresa Squatrito -- Part III. National Parliaments in the Practice of the International Human Rights Judiciary. How and when can the international human rights judiciary promote the human rights role of national parliaments? / Matthew Saul -- Obligations to 'secure' the rights of the convention in an "effective political democracy" : how should parliaments and domestic courts interact? / Amrei Müller -- Shifting emergencies from the political to the legal sphere : placing the United Kingdom's derogations from the ECHR in historical context / Colin Murray -- The role of the European Court of Human Rights in facilitating legislative change in cases of long-term delays in implementation / Nino Tsereteli -- The Inter-American Court of Human Rights and the mobilisation of parliaments / Leiv Marsteintredet -- Part IV. Managing Relations between Parliaments and the International Human Rights Judiciary. Democratic override (or rejection) and the authority of the Strasbourg court -- the UK parliament and prisoner voting / Ed Bates -- Saying "no" to Strasbourg : when are national parliaments justified in refusing to give effect to judgments of international human rights courts? / Colm O'Cinneide -- Law making by law breaking? : a theory of parliamentary civil disobedience against international human rights courts / Andreas Føllesdal -- Conclusion : how does, could, and should the international human rights judiciary interact with national parliaments? / Matthew Saul.