LisaSonnleitner
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
- Condition: Brand new
- UK Delivery times: Usually arrives within 2 - 3 working days
- UK Shipping: Fee starts at £2.39. Subject to product weight & dimension
Couldn't load pickup availability
Excellent- More about 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: Paperback / softback
Length: 272 pages
Publication date: 19 October 2023
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 book aims to provide a comprehensive and principled framework for interpreting the ECHR in a dynamic and evolving world.
This book is a valuable contribution to the field of human rights law, offering a fresh perspective on the legitimacy of evolving interpretations of the ECHR. It will be of interest to scholars, practitioners, and policymakers alike, as it provides a practical guide for navigating the complex and evolving landscape of international human rights law.
Dimension: 234 x 156 (mm)
ISBN-13: 9781509946914
This item can be found in:
UK and International shipping information
UK and International shipping information
UK Delivery and returns information:
- Delivery within 2 - 3 days when ordering in the UK.
- Shipping fee for UK customers from £2.39. Fully tracked shipping service available.
- Returns policy: Return within 30 days of receipt for full refund.
International deliveries:
Shulph Ink now ships to Australia, Canada, France, Ireland, Italy, Germany, Spain, Netherlands, New Zealand and the United States of America.
- Delivery times: within 5 - 20 business days when ordering to France, Germany, Ireland, Spain, Canada and the United States. Up to 30 business days for Australia and New Zealand.
- Shipping fee: charges vary for overseas orders. Only tracked services are available for international orders.
- Customs charges: If ordering to addresses outside the United Kingdom, you may or may not incur additional customs and duties fees during local delivery.
