Suchergebnisse

AbstractThe European Convention on Human Rights is rapidly evolving into a cosmopolitan legal order: a transnational legal system in which all public officials bear the obligation to fulfill the fundamental rights of every person within their jurisdiction. The emergence of the system depended on certain deep, structural transformations of law and politics in Europe, including the consolidation of a zone of peace and economic interdependence, of constitutional pluralism at the national level, and of rights cosmopolitanism at the transnational level. Framed by Kantian ideas, the paper develops a theoretical account of a cosmopolitan legal system, provides an overview of how the ECHR system operates, and establishes criteria for its normative assessment.

In an article previously published by the APSR, Carrubba, Gabel, and Hankla claim that the decision making of the European Court of Justice (ECJ) has been constrained—systematically—by the threat of override on the part of member state governments, acting collectively, and by the threat of noncompliance on the part of any single state. They also purport to have found strong evidence in favor of intergovernmentalist, but not neofunctionalist, integration theory. On the basis of analysis of the same data, we demonstrate that the threat of override is not credible and that the legal system is activated, rather than paralyzed, by noncompliance. Moreover, when member state governments did move to nullify the effects of controversial ECJ rulings, they failed to constrain the court, which continued down paths cleared by the prior rulings. Finally, in a head-to-head showdown between intergovernmentalism and neofunctionalism, the latter wins in a landslide.

This special issue commemorates the fiftieth anniversary of the Journal of Common Market Studies. Adapted from the source document.