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Grand Chamber of the European Court of Human Rights, A, B and C v IRELAND, Decision of 17 December 2010

de Londras, F and Dzehtsiarou, K (2013) Grand Chamber of the European Court of Human Rights, A, B and C v IRELAND, Decision of 17 December 2010 International and Comparative Law Quarterly, 62. pp. 250-262.

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Abstract

A, B & C v Ireland has attracted significant attention for what it says (or does not say) about abortion and the European Convention on Human Rights. However, the decision is also significant for the evolution of decision-making methods in the Court, and especially the notion of ‘European consensus’. A, B & C v Ireland saw the emergence of what we term ‘trumping internal consensus’ to allow for moral judgements within a state to ‘trump’ an identified European consensus. We argue that this raises serious constitutionalist concerns, not least because of its potential impact on harmonisation and questionable methodological basis.

Item Type: Article
Divisions : Faculty of Arts and Social Sciences > School of Law
Authors :
AuthorsEmailORCID
de Londras, FUNSPECIFIEDUNSPECIFIED
Dzehtsiarou, KUNSPECIFIEDUNSPECIFIED
Date : 30 January 2013
Identification Number : 10.1017/S0020589312000620
Additional Information : Copyright 2013 Cambridge University Press. Reprinted with permission.
Depositing User : Symplectic Elements
Date Deposited : 31 May 2013 12:29
Last Modified : 23 Sep 2013 19:59
URI: http://epubs.surrey.ac.uk/id/eprint/749341

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