The European Court of Human Rights and Swiss Politics: How Does the Swiss Judge Fit In?
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Version: Final published version
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UNIL restricted access
State: Public
Version: Final published version
License: Not specified
Serval ID
serval:BIB_F22BA25BE923
Type
A part of a book
Publication sub-type
Chapter: chapter ou part
Collection
Publications
Institution
Title
The European Court of Human Rights and Swiss Politics: How Does the Swiss Judge Fit In?
Title of the book
International Courts and Domestic Politics
Publisher
Cambridge University Press
ISBN
9781108590396
9781108427760
9781108448130
9781108427760
9781108448130
Publication state
Published
Issued date
01/06/2018
Peer-reviewed
Oui
Pages
262-295
Language
english
Abstract
The relationship between Swiss politics and the European Court of Human Rights cannot be understood without emphasising the pivotal role played by domestic courts’ interpretations of the European Convention. Swiss semi-direct democracy has been challenging the authority of the European Court of Human Rights and of the European Convention on Human Rights for decades, yet many of the tensions arising between the European Court and Swiss politics are appeased by the way Swiss judges interpret the Convention. By applying the interpretative principles required by the Convention and set out in the judgments of the European Court, Swiss courts prevent conflicts between the Convention and the Swiss legal order. On the other hand, the transparent and differentiated interpretative language Swiss courts use also helps them convince the European Court that the domestic polity does respect its obligations under the Convention. Several features of the Swiss legal order, especially its federal political organisation and its openness towards international law, facilitate Swiss courts’ mediating role. However, eventually, Swiss judges’ interpretative choices and methods ensure to an important extent that the European Court and Swiss politics accept each other’s respective decisions.
Create date
02/08/2021 22:34
Last modification date
01/08/2024 21:51