The article begins with a consideration of the views of commentators, from both inside and outside the Strasbourg system, as to the nature of precedent within the jurisprudence of the Court. The approach of the original Court is then examined. This is compared with the contemporary case law of the full-time Court and three justifications for overruling established rulings are identified in the modern jurisprudence. Institutional features of the overruling process, including the roles of third parties and Court-directed changes, are addressed. Conclusions are drawn as to the present Court's reluctance to expressly acknowledge that it is overruling established case law and its failure to always provide adequate justifications of the social or scientific developments underpinning its revised jurisprudence.Enjoy reading!
Monday, 22 June 2009
Article on ECtHR Overruling its Own Case Law
The newest issue of the Human Rights Law Review has just been published. Its opening article is on the European Court of Human Rights: Alistair Mowbray, 'An Examination of the European Court of Human Rights’ Approach to Overruling its Previous Case Law'. This is the abstract: