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


ISBN13: 9781509946877
To be Published: April 2022
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00



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.

Subjects:
Constitutional and Administrative Law, Human Rights and Civil Liberties
Contents:
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

Series: Hart Studies in Constitutional Theory

The Methodology of Constitutional Theory ISBN 9781509933846
To be published March 2022
Hart Publishing
£95.00