Revisiting the Debate about 'constitutionalising' the European Court of Human Rights

Abstract

In spite of the implementation of Protocol No 14 to the European Convention on Human Rights on 1 June 2010, the European Court of Human Rights continues to face a case overload crisis with no definitive solution in sight. In this article we reconsider the role ‘constitutionalisation’ might play in providing a more secure future. Having distinguished the three dominant analytical frameworks—‘individual justice’, ‘constitutional justice’ and ‘pluralism’—in the ‘official’ and ‘academic/judicial’ streams of the debate, we conclude that a fourth, ‘constitutional pluralism’, now offers a particularly attractive alternative.

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