Human Rights Law Review · 2012 · 83 citations · 0 references
LawConstitutional LawHuman Rights LawConstitutional TheoryEuropean StudiesHuman RightsConstitutional DesignEuropean LawEuropean PoliticsEuropean Union StudiesInternational Human Rights LawJudicial ReformConstitutionalization Of Social RightsEu Constitutional LawEuropean Convention On Human RightsEuropean Court Of JusticeEuropean Human Rights LawHuman Rights ConstitutionalismHuman Rights TheoryPolitical Pluralism
In spite of the implementation of Protocol No 14 to the European Convention on Human Rights on 1 June 2010, the European Court of Human Rights continues to face a case overload crisis with no definitive solution in sight. In this article we reconsider the role ‘constitutionalisation’ might play in providing a more secure future. Having distinguished the three dominant analytical frameworks—‘individual justice’, ‘constitutional justice’ and ‘pluralism’—in the ‘official’ and ‘academic/judicial’ streams of the debate, we conclude that a fourth, ‘constitutional pluralism’, now offers a particularly attractive alternative.