Reto Walther

Reto Walther
Zurich University of Applied Sciences | ZHAW

Dr. iur.

About

17
Publications
499
Reads
How we measure 'reads'
A 'read' is counted each time someone views a publication summary (such as the title, abstract, and list of authors), clicks on a figure, or views or downloads the full-text. Learn more
6
Citations
Citations since 2017
14 Research Items
6 Citations
20172018201920202021202220230123456
20172018201920202021202220230123456
20172018201920202021202220230123456
20172018201920202021202220230123456
Introduction
I am a postdoctoral researcher and lecturer at Zurich University of Applied Sciences. My research interests are public (constitutional and administrative) law as well as international and comparative law. I gained my PhD (Dr. iur. des.) at the University of Zurich with a dissertation on subsidiarity in the European Human Rights Convention ("Subsidiarity: The ECHR Between Law and Politics", 2022) which was financed by the SNSF with a Doc.CH grant. Research stays brought me to the PluriCourts rese
Additional affiliations
January 2016 - August 2018
University of Zurich
Position
  • Research Associate
Description
  • Research associate and doctoral researcher at the Chair of Public Law, European and Public International Law University of Zürich
December 2014 - February 2015
Zurich University of Applied Sciences
Position
  • Research Assistant
Description
  • Research assistant at the Center for Social Law on a project concerning the evaluation of the Federal Act on the Elimination of Discrimination against People with Disabilities
November 2014 - December 2015
Universität Luzern
Position
  • Research Assistant
Description
  • Student research assistant at the Chair of Private Law, Commercial and Business Law and Civil Procedure Law

Publications

Publications (17)
Thesis
This doctoral thesis is about the principle of subsidiarity in the European Convention on Human Rights system. Although scholars have published a vast literature on the subsidiarity principle, among many other things, there are hardly any monographs on subsidiarity per se. This study does not represent yet another attempt to conceptualise the margi...
Chapter
This piece discusses the democratic legitimacy of the European Court of Human Rights' judicial law-making.
Article
Dans l’esprit de la citation de Jean-Baptiste Alphonse Karr, le «moment constitutionnel » de 1999 marque à la fois continuité et césure. Cinq thèmes – droits fondamentaux, justice, initiatives populaires, gouvernement fédéral et politique étrangère – qui façonnent l’ordre constitutionnel national peuvent être identifiés. Si la révision constitution...
Research
Recently, Switzerland’s system of justice has made plenty of negative headlines owing to its Federal Attorney’s failures and misconducts, its Federal Criminal Court’s internal grievances, the Federal Supreme Court’s deficient work as supervisory authority of the former, and the Federal Supreme Court’s president’s sexist verbal abuse made in the sam...
Article
While it is evident that the ECtHR’s main task is applying the ECHR, it is debatable whether the Court has adequate regard to general international law when considering questions left open by the ECHR. We contribute to this debate from a normative perspective. We discuss the criticism that the Court unduly evades the ARSIWA by applying an expansive...
Research
In this EJIL Talk! blog post, I argue that including an additional admissibility criterion in the European Convention on Human Rights for cases that were carefully dealt with at the domestic level is worthy of serious consideration, if it corresponds to a desirable understanding of the European Court of Human Rights’ subsidiarity vis-à-vis the Stat...
Article
This article traces the diffusion of constitutional resistance against the ECHR that the German Federal Constitutional Court initiated with its Görgülü-judgment. Based on a comparative overview of the most significant instances of Görgülü-inspired resistance, we make three important points. First, pertaining to the study of legal borrowing, we demo...
Chapter
This article traces the diffusion of constitutional resistance against the ECHR that the German Federal Constitutional Court initiated with its Görgülü-judgment. Based on a comparative overview of the most significant instances of Görgülü-inspired resistance, we make three important points. First, pertaining to the study of legal borrowing, we demo...
Chapter
This chapter provides an overview of the resistance to the ECtHR as it has appeared in Switzerland’s Federal Supreme Court, academia, and politics. It shows that, although harsh criticism has been expressed by judges, academics, and politicians, neither the executive, legislative, or judicial branch nor scholarship has taken a principally adverse a...
Article
Full-text available
The paper answers the UN Guiding Principles on Business and Human Rights’ call for effective state-based non-judicial grievance mechanisms. To begin, it is explored why people whose human rights have been harmed due to extraterritorial business operations are often denied effective judicial remedy. In light of this, the paper scrutinizes the requir...

Projects

Project (1)
Project
My doctoral research concerns the concept and implementation of the subsidiarity principle in the European Court of Human Rights as well as its legitimation potential.