The Rule of Law as the Lodestar of the European Convention on Human Rights: The Strasbourg Court and the Independence of the Judiciary
Articles
Robert Spano
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Published 2021-06-21
https://doi.org/10.15388/Teise.2021.119.1
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Keywords

European Court of Human Rights
rule of law
judicial independence
European public order

How to Cite

Spano R. (2021) “The Rule of Law as the Lodestar of the European Convention on Human Rights: The Strasbourg Court and the Independence of the Judiciary”, Teisė, 1190, pp. 8-30. doi: 10.15388/Teise.2021.119.1.

Abstract

The rule of law is a principle of constitutional importance under the European Convention on Human Rights. For decades, it has guided the work of the Strasbourg Court. The article discusses the principle’s ideological core as a fundamental component of “European public order” and its three normative dimensions, as they find their expression in the case-law of the Court. The author then discusses in detail the rule of law’s most important structural principle under the Convention, the independence of the judiciary.

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