On the slippery slope to a ‘people’s court’?

A slightly revised version of a piece that first appeared on Verfassungsblog, cross-posted with permission.

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In High time for popular constitutionalism! Matej Avbelj wrote this in Verfassungsblog: 

‘The majority in our societies seems to be increasingly disconnected with the liberal values that especially the legal academia, but also the ruling political class – at least on a declaratory level – have taken for granted…’

Living in a country in which one sees an increasing distaste for the European Convention of Human Rights and regular media criticism of the ‘unelected judges’ in Strasbourg – and that despite the fact that the judges of the Court are, in fact, elected from a slate of three by the Parliamentary Assembly of the Council of Europe – I cannot help wondering whether the disconnect is anything very new. Continue reading