
The Rule of Law as the Lodestar of the European Convention on Human Rights: The Strasbourg Court and the Independence of the Judiciary
Author(s) -
Robert Spano
Publication year - 2021
Publication title -
teisė
Language(s) - English
Resource type - Journals
eISSN - 2424-6050
pISSN - 1392-1274
DOI - 10.15388/teise.2021.119.1
Subject(s) - law , political science , convention , human rights , rule of law , margin of appreciation , judicial independence , public law , municipal law , fundamental rights , supreme court , politics
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.