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This monograph explores the interpretation of the European Convention on Human Rights, emphasizing the need for theoretical investigations in this area. Rather than providing a comprehensive overview of all interpretative rules used by the ECHR, the study focuses on key problems related to interpretation. Specific chapters examine the application of interpretation methods from the VCLT, given that the Convention is an international agreement. It highlights the leading principles of interpretation and discusses various methods, including proportionality, dynamic interpretation (the living instrument), autonomous interpretation, and the margin of appreciation doctrine. The work also addresses the sequence in which these methods should be applied, the factors influencing the Court's interpretation, and the constitutional nature attributed to both the Convention and the Court. The author posits a research hypothesis suggesting a significant correlation between the ECtHR's interpretative approach and the legitimacy it holds, as well as its success in constitutionalization efforts. This study aims to contribute to a deeper understanding of the theoretical underpinnings of the ECHR's interpretation.
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The Interpretation of the European Convention, Wiśniewski Adam
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- Année de publication
- 2022
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