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multinational states

European Constitutional Law Review (1)

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1 results

Democracy v Human Rights? The Strasbourg Court and the Challenge of Power Sharing
Stefan Graziadei
Journal:

European Constitutional Law Review / Volume 12 / Issue 1 / May 2016

Published online by Cambridge University Press:

11 April 2016, pp. 54-84

Print publication:

May 2016
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Tension between ‘rights’ and ‘democracy’ principle in highly political cases – ECtHR’s wide margin of appreciation on elections put into question by recent cases – Sejdic-Finci v Bosnia-Herzegovina (BiH): ethnic criteria for standing in election violate Convention – Zornic v BiH: candidate’s exclusion from standing in election on account of her self-chosen identity violates P-12 – Mathieu-Mohin and Clerfayt v Belgium overruled? – ‘Integrative democratic tolerance’ approach: five legal and political principles to reconcile ‘rights’ and ‘democracy’ principle in highly political cases.