Resistance to the European Court of Human Rights: The Institutional and Sociological Consequences of Principled Resistance

摘要: The European Court of Human Rights (ECtHR/Court) has from time to faced resistance. This critique come a host actors in the Member States, ranging highest courts politicians, academics and individual lawyers. Even public opinion also voiced Court. Resistance ECtHR is however neither new nor unique. From Greek exodus Convention system late 1960s, over British under Prime Minister Thatcher during 1980s current Strasbourg bashing, criticism been recurrent phenomenon. But how do we make sense these different scattered examples resistance across States without lumping together all kinds header backlash? Engaging with notion principled developed by Marten Breuer, this paper explores sociological dimensions international courts. Using more approach, chapter suggests that what practice ends up as does not necessarily involve higher order normative clashes legal sense. Instead, can be observed small scale conflicts ordinary provisions practices escalate into disagreement serious implications for an court such ECtHR.