Democracy and the rights of representation in the case law of the European Court of Human Rights

Šejla Imamovic*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic

Abstract

This chapter examines the case law of the European Court of Human Rights on the rights of representation and discusses its potential in supporting a representative model of democracy in the times when many states are backsliding. It demonstrates that the Court’s protective approach to the rights of representation contributes to making democracies in the Council of Europe Member States more transparent and their institutions more accountable. However, it also shows that the right to vote and stand for election is protected to a lesser degree than some other political rights, such as freedom of expression and assembly due to the wording of Article 3 of Protocol 1 ECHR and the wide margin of appreciation that is afforded to the states in this regard. This means that the Court can provide a mechanism of last resort in situations of manifest breach, but it is ultimately for the national authorities to ensure the overall functioning of an efficient, transparent and accountable representative democracy. At the same time, national and international supervision must remain in a mutually reinforcing relationship.
Original languageEnglish
Title of host publicationRepresentative Democracy in Flux
Subtitle of host publicationDeconstructive Narratives from a Legal and Constitutional Perspective
EditorsMartin Belov
Place of PublicationLondon and New York
PublisherTaylor and Francis
Pages253-273
Number of pages21
ISBN (Electronic)9781040361696, 9781003610670
ISBN (Print)9781041005964, 9781041005971
DOIs
Publication statusPublished - 1 Jan 2025

Publication series

SeriesRoutlegde Research in Constitutional Law

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