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

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

作者： Lisa Sonnleitner
出版商： Hart Publishing
ISBN: 9781509946877

出版时间 March 2022
规格： Hardback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509946914

￥1,057.50

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

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