The Will Of The Many Against The Rights Of The Few: Penal Populism's Influence On Human Rights Protection In Europe
Year: 2026
Type: article
Abstract: This article examines how the European Court of Human Rights (ECtHR) responds when penal populist resistance places its authority under strain. Focusing on three domains – prisoner disenfranchisement, whole-life sentencing, and preventive detention – it traces post-landmark case law to assess whether political contestation shapes judicial reasoning. The analysis finds a recurring pattern of strategic restraint: the Court upholds core Convention principles (rejecting blanket voting bans, irreducible life terms, and retroactive penalties) yet often tempers their application, relying more on subsidiarity, the margin of appreciation, procedural review, and deference to national institutions. This selective deference appears most pronounced where political costs are high or partial reforms are offered, helping to avoid open confrontation and maintain compliance at the expense of coherence and the perception of double standards. The findings illuminate the ECtHR's balancing act between robust rights protection and institutional survival in a politicised penal landscape.
Author: Marloes van der Meijs
Institution: Utrecht University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7172287300
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