This book provides a comparative analysis of how judgments from the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) affect political participation and electoral justice at the national level.

Looking at specific countries, the work analyses the legal impact the implementation of the ECtHR and the IACtHR judgments has, with a specific focus on cases in which the regional court concerned uses the “democratic argument,” that is, an argument related to democracy and political rights. The reasoning is that, although democracy is a much wider concept, judgments concerning violations of political rights and electoral justice provide reliable indicators to assess the status and sustainability of democracy in a State. Moreover, the analysis of the violations of political rights and electoral justice allows an in-depth comparison between the two regional human rights systems. Mindful of the broader scope of the fall-out generated by the non-implementation of judgments, including in socio-economic terms, the book includes a section exploring how judgments issued by the ECtHR and the IACtHR affect voters’ participation in the countries under their jurisdiction. To this end, an original dataset including the 47 Member States of the Council of Europe and the 20 countries which recognised the adjudicatory jurisdiction of the IACtHR is built.

Multidisciplinary in aim and scope of analysis, the book will be an invaluable resource for researchers, academics, and policy-makers working in the areas of constitutional law, international human rights law, and political economy.

part I|244 pages

The European Court of Human Rights

chapter 2|31 pages

Crackdown on dissent

The Court of Strasbourg and the right to vote in Bulgaria

chapter 6|28 pages

Democracy and political participation in the countries of the former Yugoslavia

A complicated combination under the lens of the European Court of Human Rights

chapter 7|24 pages

At any cost?

The economic and legal response of Romania to the European Court of Human Rights Judgments relating to Art. 3 of Protocol 1 to the European Convention on Human Rights

chapter 8|26 pages

Right to vote and the right to have the last word

Russia and the European Court of Human Rights facing political rights

chapter 9|24 pages

Democracy and the right to free elections in Turkey

What role for the European Court of Human Rights?

part II|126 pages

The Inter-American Court of Human Rights

chapter 11|22 pages

The protection of the political rights of minorities in the ACHR

An analysis of the Norin Catrimán case and the right to political participation in the State of Chile

chapter 14|33 pages

Electoral rights in Nicaragua

The unbearable lightness of non-implementation?

chapter 15|23 pages

Political rights in Venezuela

An outstanding issue

part III|40 pages

An empirical assessment based on political economy

chapter 16|24 pages

The Relationship between the Courts of Human Rights decisions and voter turnout

An empirical analysis on Europe and Latin America

chapter |14 pages


Are contemporary democracies sustainable? Some concluding remarks