Post-Backlash Human Rights Law explores a battle of narratives before the emergence of "post-backlash human rights law" - rules generated by the international human rights community and opposing ...states in reaction to the backlash.
In compliance with Article 18 paragraph 3 of the Constitution of the Republic of Serbia which states that 'provisions on human and minority rights shall be interpreted (…) pursuant to valid ...international standards in human and minority rights, as well as to the practice of international institutions which supervise their implementation' author has embarked on a journey of defining notions of 'fourth instance' in which case application before institutions for protection of human rights is dismissed and aspect of the fair trail 'manifestly arbitrary' when breach of human right is found. After analysis of the practice of international institutions, same analysis has been done on the practice of the Constitutional Court where the author finds substantial divergence from the practice of the international intuitions and thus violation of Article 18 paragraph 3 of the Constitution. At the end the author examines one of the consequences of this divergence - refusal of the High Cassation Court to act upon the instructions of the Constitutional Court.
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