A constitutionalist approach to the European Convention on Human Rights : the legitimacy of evolutive and static interpretation / Lisa Sonnleitner.

Format:

Book

Author/Creator:

Sonnleitner, Lisa, author.

Series:

Hart studies in constitutional theory ; Volume 3.

Hart studies in constitutional theory ; Volume 3

Language:

English

Subjects (All):

Human rights--Europe--Philosophy.

Human rights.

Constitutional law--Europe--Philosophy.

Constitutional law.

Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5).

Convention for the Protection of Human Rights and Fundamental Freedoms.

Physical Description:

1 online resource (xviii, 204 pages).

Other Title:

Constitutionalist approach to the European Convention on Human Rights

Place of Publication:

Oxford : Hart Publishing, [2022]

Summary:

"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"-- Provided by publisher.

Notes:

Description based on print version record.

Includes bibliographical references and index.

ISBN:

1-5099-4690-X