The European Court of Human Rights has thrived over its 70 years thanks to a number of binaries: effective rights versus margin of appreciation; moral versus consensus-based interpretation; individual justice versus constitutional justice. In the last decades new binaries have emerged on the bench of the Court and in scholarship: procedural review versus substantive review; good-faith violations of the Convention versus bad-faith violations of the Convention. This lecture investigates the new binaries of the European Court of Human Rights, and asks whether and how they are different from the old as the Eu-ropean Convention on Human Right celebrates its 70th anniversary.
Başak Çalı is co-director of the Centre for Fundamental Rights at the Hertie School where she is also professor of international law. She is also member of the Law Faculty at Koç University, Istanbul. Her research focuses on the authority and interpretation of international law and the comparative evolution, legitimacy and domestic impact of international human rights law with a strong focus on the European Court of Human Rights. Her recent publications include Migration and the European Convention on Human Rights (co-ed. OUP, 2020, forthcoming) and Çalı (2018) ‘Coping with Crisis: Whither the Variable Geometry in the Jurisprudence of the European Court of Human Rights’, Wisconsin International Law Journal 35 (2) 237. Her research has been recognised by the Council of Europe, for which she has acted as an expert on the European Convention on Human Rights since 2002. She is also a founder and Chair of the Board of European Implementation Network, a Strasbourg-based NGO dedicated to advocate for the effective implementation of judgments of the European Court of Human Rights. She has acted as an advisor to many cases before the European Court of Human Rights, most recently in the Grand Chamber proceedings in the case of Demirtaş v. Turkey.
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The video recording of the lecture can be found at