Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

CONVENTIONALITY CONTROL OF DOMESTIC “ABUSE OF POWER”: MAINTAINING HUMAN RIGHTS AND DEMOCRACY

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

Human rights courts often behave as constitutional courts especially when they have the ability to control the “separation of powers” in States in accordance with human rights conventions (“conventionality control”). This study comments on the latest “abuse of power” jurisprudence of the European and Inter-American courts of human rights, which embraces rich implications for re-evaluating general and specific provisions that place democratic limitations on human rights violations. The first section confirms that the courts have recently implemented conventionality control of “abuse of power” against judicial independence, voices of political opposition and media pluralism, in all such unfair exercises of authority adverse influences are exerted on individual (human rights) and collective (democracy) aspects. The next section justifies or criticises the courts’ decisions on the pro-democratic fair balance tests (legality, legitimacy and proportionality) embodied in human rights conventions’ general and specific limitation clauses, which have rarely been scrutinised until recent cases of “abuse of power”. In essence, this study shows that value-oriented momenta in their practical decisions can contribute to a future mapping of constitutionalism beyond the State (ius constitutionale commune), limiting domestic abuse of kratos (power) of the demos (people) in terms of international human rights sources.

Affiliations: 1: Research Fellow of the Japan Society for the Promotion of Science; and Guest Researcher of the Max Planck Institute for Comparative Public Law and International Law yota.negishi@gmail.com ; 2: Waseda University

10.1163/22116133-90000165
/content/journals/10.1163/22116133-90000165
dcterms_title,pub_keyword,dcterms_description,pub_author
10
5
Loading
Loading

Full text loading...

/content/journals/10.1163/22116133-90000165
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/22116133-90000165
Loading

Article metrics loading...

/content/journals/10.1163/22116133-90000165
2017-10-11
2017-11-21

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    The Italian Yearbook of International Law Online — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation