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The European Court of Human RightsImplementing Strasbourg's Judgments on Domestic Policy$
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Dia Anagnostou

Print publication date: 2013

Print ISBN-13: 9780748670574

Published to Edinburgh Scholarship Online: January 2014

DOI: 10.3366/edinburgh/9780748670574.001.0001

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Politics, Courts and Society in the National Implementation and Practice of European Court of Human Rights Case Law

Politics, Courts and Society in the National Implementation and Practice of European Court of Human Rights Case Law

Chapter:
(p.211) Chapter 9 Politics, Courts and Society in the National Implementation and Practice of European Court of Human Rights Case Law
Source:
The European Court of Human Rights
Author(s):

Dia Anagnostou

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748670574.003.0010

This concluding chapter discusses and analyses the patterns of variation in the domestic implementation of the ECtHR's judgments, as well as the attitudes of national officials, judges and government actors vis-à-vis the ECtHR's case law across and within the different countries under study. The implementation of the ECtHR's judgments and their potential for prompting reform and policy change domestically can be approached through different perspectives, which may also be relevant for understanding compliance with international law more broadly: the political and policy process, a judicial politics perspective, and a social mobilisation perspective. Besides reviewing the findings of the country case studies included in this volume, this chapter outlines and discusses these three perspectives. It ends by reflecting on and briefly discussing the role of the ECHR and the Strasbourg Court in promoting democracy in Europe.

Keywords:   Policy process, Judicial politics, Legal mobilisation, National courts

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