The Role of Civil Society in Monitoring the Executive in the Case-Law of the European Court of Human Rights: Recasting the Rule of Law

This article explores the role of civil society in checking executive as reflected case-law European Court Human Rights. Although this is traditionally associated with judiciary and legislative, light institutional mutations modern States, ECtHR envisages a multitude forms through which can check government thus uphold ‘rule law from below’. In addressing recasting rule law, discusses particular good bad faith. The on mala fides restrictions rights under Article 18 ECHR highlights idea that by even more crucial States where systematically suffering only entity within State genuinely executive. society, its part, should exercise these functions