Needles in a haystack: using network analysis to identify cases that are cited for general principles of law by the European Court of Human Rights

2020 ◽  
pp. 293-311
Author(s):  
Henrik Palmer Olsen ◽  
Magnus Esmark
2017 ◽  
Vol 17 (1) ◽  
pp. 4-22 ◽  
Author(s):  
Henrik Palmer Olsen ◽  
Aysel Küçüksu

This article is concerned with identifying how contemporary data technology can be used to find and analyse the big amount of case law generated by international courts in a more comprehensive way than that achieved through the traditional manual reading of case law at the core of textbook or doctrinal analysis of judgements. The focus of the article is the European Court of Human Rights (ECtHRs) and its Article 14 + 2 case law, which is studied through the tools of citation network analysis. The resulting findings are then compared to a standard textbook approach in order to show how citation network analysis offers a reliable method in selecting cases for qualitative analysis and drawing information relevant to specific legal issues. The article proposes and eventually advances a new approach to legal research, which integrates quantitative network analysis with qualitative legal (doctrinal) analysis, and shows how this form of analysis enables a study of case law through the recognition of patterns within it that would have otherwise been difficult to identify. Using this approach to advance new insights into the prohibition of discrimination under Article 14 of the European Convention on Human Rights (ECHR), the article ultimately offers a new instrument for scholars and practitioners to put into use when considering the future narrative of discrimination law.


2011 ◽  
Vol 42 (2) ◽  
pp. 413-439 ◽  
Author(s):  
Yonatan Lupu ◽  
Erik Voeten

Why and how do international courts justify decisions with citations to their own case law? We argue that, like domestic review courts, international courts use precedent at least in part to convince ‘lower’ (domestic) courts of the legitimacy of judgements. Several empirical observations are consistent with this view, which are examined through a network analysis of European Court of Human Rights (ECtHR) citations. First, the Court cites precedent based on the legal issues in the case, not the country of origin. Second, the Court is more careful to embed judgements in its existing case law when the expected value of persuading domestic judges is highest. These findings contribute to a developing literature that suggests international and domestic review courts develop their authority in similar ways.


2020 ◽  
pp. 617-620
Author(s):  
Ye.O. Korchaka ◽  
O.Iu. Samborska
Keyword(s):  

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