This book by Saadet Yüksel provides an in-depth analysis of the European Court of Human Rights’ (ECtHR) evolving review methodology, focusing on its shift towards process-based review. It explores the principle of subsidiarity and its dual aspects of respecting democracy and enhancing rights protection. The book examines the Court’s engagement with balancing rights within domestic processes and the requirement to exhaust domestic remedies under Article 35 of the European Convention on Human Rights. Additionally, it investigates the application of process-based methodologies across specific articles of the Convention, such as Articles 5, 8, and 10. Aimed at legal scholars, practitioners, and students, the work underscores the interplay between substantive and procedural aspects of human rights adjudication and highlights the Court’s role in fostering a rule-of-law approach. |