Principled resistance to ECtHR Judgments – A New Paradigm?, edited by Marten Breuer [Book review]

Donald, Alice ORCID: https://orcid.org/0000-0001-8541-3530 (2020) Principled resistance to ECtHR Judgments – A New Paradigm?, edited by Marten Breuer [Book review]. European Convention on Human Rights Law Review, 1 (2) . pp. 297-302. ISSN 2666-3228 [Article] (doi:10.1163/26663236-00102003)

Abstract

I first encountered the notion of ‘principled’ objection by states to implementing judgments of the European Court of Human Rights in 2014, when ‘principled non-compliance’ was identified by the Norwegian scholar, Andreas Føllesdal, as the ‘ultimate correction device’ should Strasbourg judges ‘make mistakes’ in their dynamic interpretation of the European Convention on Human Rights. Føllesdal distinguished such ‘civil disobedience’, which would be resolved through judicial dialogue, from bad faith non-compliance. [...]

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