Separation of powers and alternative dispute resolution before the European Court of Human Rights

Cedric Jenart*, Mathieu Leloup

*Corresponding author for this work

Research output: Contribution to journalArticleScientificpeer-review

Abstract

Alternative dispute resolution procedures before the European Court of Human Rights - The state agent, a member of the executive branch, tasked with representing the respondent state - Judicial and legislative branches of the respondent state limited or bound by concessions by the state agent - Convention framework effectively increases the power of the executive branch to the detriment of the other branches of government in the respondent state - Tension with national separation of powers - Possible solutions on a national and international level

Original languageEnglish
Pages (from-to)247-271
Number of pages25
JournalEuropean Constitutional Law Review
Volume15
Issue number2
DOIs
Publication statusPublished - Jun 2019
Externally publishedYes

Keywords

  • ADR

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