A Constitutionalist Approach to the European Convention on Human Rights: The Legitimacy of Evolutive and Static Interpretation

Name: A Constitutionalist Approach to the European Convention on Human Rights: The Legitimacy of Evolutive and Static Interpretation
Brand: Hart Publishing
SKU: 9781509946914
Price: 554.71 HKD
Availability: InStock
Author: Lisa Sonnleitner
ISBN: 9781509946914

By Lisa Sonnleitner

Hart Publishing October 2023

Specifications

ISBN-13: 9781509946914
Publisher: Hart Publishing
Publication: October 2023
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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Hardback

Details

This book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional principles are balanced with each other. The author argues that there are three possible interpretive approaches in time-sensitive interpretations of the ECHR, but that only one of them is justifiable by reference to the constitutional principles of the ECHR in every single case.

The ECHR's constitutional principles either require an evolutive or static interpretation or they do not establish a preference relation at all, which leads to a margin of appreciation of the member states in the interpretation of the Convention. The balancing model requires the determination of the weights of the competing evolutive and static constitutional principles. For this purpose, the author defines weighting factors for determining the importance of evolutive or static interpretation in a concrete case.

1. Introduction

2. A New Concept of Evolutive and Static Interpretation

3. The Legitimacy of Evolutive Interpretation

4. The Criticism Against Evolutive Interpretation Revisited

5. Discursive, Cosmopolitan Constitutionalism and the ECHR

6. The Constitutional Nature of the ECHR

7. Three Basic Constitutional Principles of the ECHR

8. A Balancing Model for the Legitimacy of Evolutive and Static Interpretation

9. Structure of the Balancing Model

10. External Justification

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