The Phenomenon of Judicial Activism in the European Court of Human Rights

Student: Krutikhina Polina

Supervisor: Anatoly Kovler

Educational Programme: Lawyer in the Sphere of Justice and Law Enforcement (Master)

Year of Graduation: 2017

This master’s dissertation is dedicated to judicial activism in the European court of human rights. The author analyzes term itself and reasons of this phenomenon, as well as the kinds of judicial activism. The results of research are illustrated by the court practice of the European court of human rights, the other international courts, the Supreme Court of the USA and Constitutional Court of Russia. The author makes a conclusion that judicial activism should be described as a positive phenomenon, which provides an opportunity to make fair decisions based on concrete facts not predicted by the legislator. However, judicial activism has its disadvantages such as usurpation of the legislative authorities and discredit of the jointly expressed in collegial decisions. position of the higher courts.

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