A Constitutionalist Approach to the European Convention on Human Rights: The Legitimacy of Evolutive and Static Interpretation (Hart Studies in Constitutional Theory) - Hardcover

Sonnleitner, Lisa

Hardcover

ISBN 10: 150994687X ISBN 13: 9781509946877

Publisher: Hart Publishing, 2022

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.

About this title

About the Authors

Lisa Sonnleitner is Lecturer of Jurisprudence at Karl-Franzens University Graz, Austria.

Charles Barzun is Horace W Goldsmith Professor of Law at the University of Virginia, USA. He specialises in legal philosophy, constitutional law, and constitutional theory and publishes widely on the common law, constitutional interpretation, and the history of legal thought.

Maartje De Visser is Assistant Professor of Law at the Singapore Management University.

Matthias Klatt is Professor of Jurisprudence at the University of Graz, Austria.

Edition details

• Publisher: Hart Publishing
• Publication date: 2022
• Language: English
• ISBN 10: 150994687X
• ISBN 13: 9781509946877
• Binding: Hardcover
• Number of pages: 224