Prevailing of Judicial Activism over Self-Restraint in the Jurisprudence of the European Court of Human Rights

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Popovic, Dragoljub

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2009

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42

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Journal Article

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INTRODUCTION|This Article is intended to address the same topic Justice Paul Mahoney addressed while holding tenure as chair of Human Rights atthe University of Saskatchewan in Saskatoon, Canada. Published nineteen years ago, Justice Mahoney's article, entitled Judicial Activism and Judicial Self-Restraint in the European Court of Human Rights: Two Sides of the Same Coin, was a result of Justice Mahoney's previous research and remains quite significant. Currently, Justice Mahoney is the chief justice of the Administrative Tribunal of the European Union, holding a seat in Luxembourg. Furthermore, Justice Mahoney is one of the most prominent authors in the field of European Human Rights Law, with his work composing a huge bibliography. While Justice Mahoney remains a leading expert in the field of European Human Rights Law, it is time to revisit his conclusions that were made in 1990...

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42 Creighton L. Rev. 361 (2008-2009)

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Creighton University School of Law

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