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Parliaments and the European Court of Human Rights$
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Philip Leach and Alice Donald

Print publication date: 2016

Print ISBN-13: 9780198734246

Published to Oxford Scholarship Online: September 2016

DOI: 10.1093/acprof:oso/9780198734246.001.0001

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National Implementation and the Role of Parliaments

National Implementation and the Role of Parliaments

(p.65) 3 National Implementation and the Role of Parliaments
Parliaments and the European Court of Human Rights

Alice Donald

Philip Leach

Oxford University Press

This chapter examines parliamentarians’ role within domestic systems for the implementation of European Court of Human Rights judgments. It situates this discussion in the context of (principally constructivist) theories which seek to explain states’ varying compliance with international human rights law. It examines how far Strasbourg judgments are, in fact, complied with, and the methodologies used to measure compliance. It charts the growing recognition within the Council of Europe (and beyond) of the significance of parliamentary engagement in human rights implementation, and examines the structures and mechanisms adopted by European parliaments for this purpose, considering the advantages and disadvantages of different models. It examines the mechanisms by which executives co-ordinate implementation and report to parliaments. The chapter explores the political dynamics of implementation and the factors that affect the salience of judgments. Finally, it considers the methodologies by which the effectiveness of parliamentary human rights bodies can be assessed.

Keywords:   parliament, ECHR, Convention, politics, compliance, implementation, salience, constructivism, human rights, methodology

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