University of AmsterdamUniversity of AmsterdamUvA

  • Terms of use
  • Contact

UvA-DARE (Digital Academic Repository)

  • Home
  • Advanced Search
  • Browse
  • My selection

Search UvA-DARE

Author
C.M. Zoethout
Year
2012
Title
Rethinking Adjudication under the European Convention
Book title
The Lautsi papers: multidisciplinary reflections on religious symbols in the public school classroom
Pages (from-to)
413-427
Number of pages
14
Publisher
Leiden, Boston: Martinus Nijhoff
ISBN
9789004222502
Serie
Studies in religion, secular beliefs and human rights
Volume | Edition (Serie)
11
Document type
Chapter
Faculty
Faculty of Law (FdR)
Abstract
This chapter comments on the Lautsi judgements as a prelude to the core problem the case reveals. In the author views, the Lautsi case demonstrate that it is time for the Court to develop a new mode of adjudication-a form of review which makes it possible to act as a countermajoritarian institution and set a European standard, without infringing state sovereignty. The Chamber’s decision will be analyzed and the tournure of the Grand Chamber of the ECtHR in its reference to the margin of appreciation-a doctrine which masks the real basis for its decision. The position of rights under the convention is assessed. The chapter deals with the position of the ECtHR and the question whether the Court can truly be considered a countermajoritarian institution. It also assesses the different modes of judicial review and proposes a new mode of adjudication.
URL
go to publisher's site
Language
English
Permalink
http://hdl.handle.net/11245/1.377376

Disclaimer/Complaints regulations

If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons. In case of a legitimate complaint, the Library will make the material inaccessible and/or remove it from the website. Please Ask the Library, or send a letter to: Library of the University of Amsterdam, Secretariat, Singel 425, 1012 WP Amsterdam, The Netherlands. You will be contacted as soon as possible.

PrintPrint this pageShareShare via emailShare on facebookShare on linkedinShare on twitter
  • University library
  • About UvA-DARE
  • Disclaimer
Copyright UvA 2014