The Role of Civil Society in Monitoring the Executive in the Case-Law of the European Court of Human Rights: Recasting the Rule of Law

This article explores the role of civil society in checking the executive as reflected in the case-law of the European Court of Human Rights. Although this role is traditionally associated with the judiciary and the legislative, in light of the institutional mutations in modern States, the ECtHR cas...

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Autor principal:	Aikaterini Tsampi
Formato:	article
Lenguaje:	EN
Publicado:	Utrecht University School of Law 2021
Materias:	rule of law, civil society, check of the executive, european court of human rights, bad faith Law in general. Comparative and uniform law. Jurisprudence K1-7720
Acceso en línea:	https://doaj.org/article/dfc017ac69024ff5bcdc361a995999f7
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spelling	oai:doaj.org-article:dfc017ac69024ff5bcdc361a995999f72021-11-08T08:17:04ZThe Role of Civil Society in Monitoring the Executive in the Case-Law of the European Court of Human Rights: Recasting the Rule of Law1871-515X10.36633/ulr.671https://doaj.org/article/dfc017ac69024ff5bcdc361a995999f72021-10-01T00:00:00Zhttps://www.utrechtlawreview.org/articles/671https://doaj.org/toc/1871-515XThis article explores the role of civil society in checking the executive as reflected in the case-law of the European Court of Human Rights. Although this role is traditionally associated with the judiciary and the legislative, in light of the institutional mutations in modern States, the ECtHR case-law envisages a multitude of forms through which civil society can check the government and thus uphold the ‘rule of law from below’. In addressing this recasting of the rule of law, the article discusses in particular the role of good and bad faith. The ECtHR case-law on the 'mala fides' restrictions of rights under Article 18 ECHR highlights the idea that the checking of the executive by civil society is even more crucial in States where the rule of law is systematically suffering and thus the civil society is the only entity within the State that can genuinely check the executive. The civil society, on its part, should exercise these checking functions in good faith.Aikaterini TsampiUtrecht University School of Lawarticlerule of law, civil society, check of the executive, european court of human rights, bad faithLaw in general. Comparative and uniform law. JurisprudenceK1-7720ENUtrecht Law Review, Vol 17, Iss 2 (2021)
institution	DOAJ
collection	DOAJ
language	EN
topic	rule of law, civil society, check of the executive, european court of human rights, bad faith Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	rule of law, civil society, check of the executive, european court of human rights, bad faith Law in general. Comparative and uniform law. Jurisprudence K1-7720 Aikaterini Tsampi The Role of Civil Society in Monitoring the Executive in the Case-Law of the European Court of Human Rights: Recasting the Rule of Law
description	This article explores the role of civil society in checking the executive as reflected in the case-law of the European Court of Human Rights. Although this role is traditionally associated with the judiciary and the legislative, in light of the institutional mutations in modern States, the ECtHR case-law envisages a multitude of forms through which civil society can check the government and thus uphold the ‘rule of law from below’. In addressing this recasting of the rule of law, the article discusses in particular the role of good and bad faith. The ECtHR case-law on the 'mala fides' restrictions of rights under Article 18 ECHR highlights the idea that the checking of the executive by civil society is even more crucial in States where the rule of law is systematically suffering and thus the civil society is the only entity within the State that can genuinely check the executive. The civil society, on its part, should exercise these checking functions in good faith.
format	article
author	Aikaterini Tsampi
author_facet	Aikaterini Tsampi
author_sort	Aikaterini Tsampi
title	The Role of Civil Society in Monitoring the Executive in the Case-Law of the European Court of Human Rights: Recasting the Rule of Law
title_short	The Role of Civil Society in Monitoring the Executive in the Case-Law of the European Court of Human Rights: Recasting the Rule of Law
title_full	The Role of Civil Society in Monitoring the Executive in the Case-Law of the European Court of Human Rights: Recasting the Rule of Law
title_fullStr	The Role of Civil Society in Monitoring the Executive in the Case-Law of the European Court of Human Rights: Recasting the Rule of Law
title_full_unstemmed	The Role of Civil Society in Monitoring the Executive in the Case-Law of the European Court of Human Rights: Recasting the Rule of Law
title_sort	role of civil society in monitoring the executive in the case-law of the european court of human rights: recasting the rule of law
publisher	Utrecht University School of Law
publishDate	2021
url	https://doaj.org/article/dfc017ac69024ff5bcdc361a995999f7
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The Role of Civil Society in Monitoring the Executive in the Case-Law of the European Court of Human Rights: Recasting the Rule of Law

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