Contemporary Aspects of the Promotion of Democracy by the European Court of Human Rights

Abstract:

This article examines the recent jurisprudence of the European Court of Human Rights concerning States obligations in regard to the maintenance and enhancement of democratic political activities within their societies. A selection of leading cases involving freedom of expression, freedom of association and free elections are analysed. These encompass controversial issues such as symbolic protests, the dissolution of non-governmental organizations and the restriction of voting rights applied to particular groups. Conclusions are drawn regarding how the contemporary case-law has built upon the foundations established by the original Court. Areas of uncertainty within the jurisprudence are identified together with case-law where the Court has exceeded its legitimate interpretative function. The Court's jurisprudence is also linked to debates within the philosophical world and amongst public international lawyers.