ALEXANDRA HUNEEUS, University of Wisconsin at Madison
- When: March 5, 2014
- Where: ABF Woods Conference Room, 750 N. Lake Shore Drive, 4th Floor, Lakeside, Chicago IL 60611
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When Human Rights Courts Engage in Structural Reform
The European and the Inter-American Courts of Human Rights have added to their traditional role—that of declaring violations and compensating victims—a much more ambitious project: the implementation of deep structural changes at the national level. And, like the U.S. Supreme Court in the school de-segregation and prison reform cases, they have begun to encounter their own institutional and political limits. This article is the first to view the courts’ recent forays into structural reform litigation through a comparative lens. Using Abram Chayes’ classic study of public law litigation in the United States as a springboard, it reveals the reasons for the emergence of structural reform litigation, and the tactics the courts use to maintain legitimacy despite thus stretching their mandates.
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