Managing Judicial Innovation in the European Court of Human Rights

摘要: Since its establishment in 1959, the European Court of Human Rights (ECtHR) has developed into a constitutionalist actor within and beyond continent Europe; development that is no small part due to judicial innovations, such as evolutive interpretation. Such innovation resulted tension between contracting parties may conceivably call question states’ diffuse support for Court. We argue this addressed by means nascent model self-restraint discernible from Court’s docket management, cognisance non-legal factors particularly contentious cases, use consensus-based While arguably necessary, not cost-free; rather, it have implications quality decision-making standing eyes other stakeholders, NGOs complainants.