ABSTRACT

This b ook tracks and evaluates the im pact o f the E C H R on eighteen national legal orders. As the reports demonstrate, national systems are increasingly porous to the influence o f the E C H R and the case law o f its C ourt. European States no longer em body insular, autonom ous, self-defined legal systems, i f ever they did. A t the constitutional level, the systems o f every country surveyed in this volum e have experienced significant structural change. To take two dramatic examples, judges once prohibited from engaging in judicial review o f statute now do so rou­ tinely, w ith reference to European rights; and the dualist features o f m any legal systems have given w ay to a sophisticated m onism , when it comes to the C o n ­ vention. Further, how the different branches o f G overnm ent interact w ith one another has been changed, radically in some States, to the extent that the regime s evolution has served to underm ine traditional separation o f powers dogmas. This volum e also examines the im pact o f the Strasbourg C o u rts jurisprudence on legislators, executives, and judges. Thousands o f discreet legal and policy out­ comes have been altered as a result o f the influence o f Con ven tion rights. It is also clear that legal education and scholarship are also changing in ways that w ill help to consolidate the regim es dom estic presence and legitimacy.