The European Court of Human Rights is the master of the law under the European Convention on Human Rights. However, the Court often emphasises that it is not a court of fourth instance, which would replace highest domestic courts in their assessment of facts. But here the question arises: can the Court really separate the process of assessment of law from assessment of facts?
This lecture by a prominent speaker - the Court's President Dean Spielmann - analysed relevant practice and theory in more detail to give an answer to this pertinent question.
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- Judge Dean Spielmann, President of the European Court of Human Rights
- Steven Kay QC, 9 Bedford Row
- Dame Rosalyn Higgins DBE QC, President of BIICL; Former President, International Court of Justice