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

This book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR, balancing evolutive and static principles with a margin of appreciation for member states.

Format: Hardback
Length: 224 pages
Publication date: 24 March 2022
Publisher: Bloomsbury Publishing PLC

This book presents a novel constitutional framework for the legitimacy of evolving interpretations of the European Convention on Human Rights (ECHR). It establishes a harmonious balance between evolutive and static constitutional principles, ensuring that both are given due consideration in time-sensitive interpretations of the ECHR. The author argues that there are three possible approaches to interpreting the ECHR in a dynamic context, but only one of them can be deemed justifiable based on the fundamental constitutional principles of the Convention.

The ECHR's constitutional principles either mandate an evolving or static interpretation, or they fail to establish a clear preference between the two. This leaves a margin of appreciation for member states in interpreting the Convention, allowing them to adapt to changing societal norms and circumstances.

To achieve this balance, the author proposes a weighing model that assigns specific weights to the competing evolutive and static constitutional principles. These weighting factors are designed to determine the relative importance of each principle in a particular case. By employing this approach, the author aims to provide a more nuanced and comprehensive understanding of how the ECHR should be interpreted in a dynamic world.

This book is a valuable contribution to the field of human rights law, offering a fresh perspective on the evolving nature of constitutional interpretation and the role of the ECHR in shaping international legal standards. It will be of interest to scholars, practitioners, and policymakers alike, as it provides a practical framework for navigating the complex challenges posed by evolving societal norms and technological advancements.

Dimension: 234 x 156 (mm)
ISBN-13: 9781509946877