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A Constitutionalist Approach to the European Convention on Human Rights: The Legitimacy of Evolutive and Static Interpretation (Hart Studies in Constitutional Theory) - Hardcover
Synopsis
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.
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About the Author
Lisa Sonnleitner is Lecturer of Jurisprudence at Karl-Franzens University Graz, Austria.
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Constitutionalist Approach to the European Convention on Human Rights : The Legitimacy of Evolutive and Static Interpretation
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A Constitutionalist Approach to the European Convention on Human Rights
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A Constitutionalist Approach to the European Convention on Human Rights (Hardcover)
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Hardcover. Condition: new. Hardcover. 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 ECHRs 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. Based on author's thesis (doctoral - Universiteat Graz, 2019) issued under title: Evolutive interpretation of the European Convention on Human Rights: a constitutionalist approach, Shipping may be from our UK warehouse or from our Australian or US warehouses, depending on stock availability. Seller Inventory # 9781509946877
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A Constitutionalist Approach to the European Convention on Human Rights
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A Constitutionalist Approach to the European Convention on Human Rights: The Legitimacy of Evolutive and Static Interpretation (Hart Studies in Constitutional Theory)
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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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