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

Hart Studies in Constitutional Theory.

Language:

English

Subjects (All):

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

Convention for the Protection of Human Rights and Fundamental Freedoms.

Human rights--Europe.

Human rights.

Physical Description:

1 online resource (272 pages).

Edition:

First edition.

Distribution:

[London, England] : Bloomsbury Publishing, 2022

Place of Publication:

London [England] : 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.

Contents:

Introduction Part I: Fundamentals

1. On the Concepts of Law and Human Rights

2. A New Concept of Evolutive and Static Interpretation

3. The Legitimacy of Evolutive Interpretation Revisited

4. The Criticism Against Evolutive Interpretation Revisited Part II: The ECHR Constitution

5. The Argument of Constitutionalism

6. The Constitutional Nature of the ECHR

7. Three Basic Constitutional Principles of the ECHR Part III: Balanced Legitimacy Model

8. Setting the Scene for Balancing at the Interpretation Stage

9. The Balancing Model for Evolutive and Static Interpretation

10. External Justification Part IV: The Balanced Legitimacy Model Applied

11. The Right to Divorce

12. The Right to Assisted Suicide

13. The Right to Preservation of the Environment Conclusion

Bibliography

Index

Notes:

Includes bibliographical references and index.

ISBN:

9781509946884

1509946888

1-5099-4690-X

OCLC:

1291220710