Dual functionality and the persistent frailty of the European court of human rights.

Abstract

Argues that the ongoing commitment to the European Court of Human Rights having a dual functionality, embracing both an adjudicatory and a constitutionalist role, means that its long-term future is precarious. Reviews the ways in which its dual functionality operates and how it results in the court's persistent frailty. Suggests why the constitutionalist role remains of fundamental importance and why it should be embraced and given precedence, even at the cost of reducing the scope for individual petitions.