Political Constitutionalism and the European Court of Human Rights: An Alternative View

Key Points

• Political constitutionalism is often at odds with traditional judicial review, complicating legal interpretations.
• By analyzing court decisions, the influence of political ideologies on human rights is revealed.
• This assessment utilizes case law examples to illustrate how the court navigates legal frameworks and societal change.
• Such insights call for a reevaluation of the role of courts in interpreting and upholding human rights in a democratic context.