Book contents
- Reviews
- Law, Democracy and the European Court of Human Rights
- Law, Democracy and the European Court of Human Rights
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- Table of Treaty Provisions
- Abbreviations
- Introduction
- 1 Theories of Democracy
- 2 Council, Convention and Court
- 3 European Principles of Interpretation and Application
- 4 Freedom of Expression
- 5 Association, Assembly and Political Parties
- 6 Scope of the Electoral Rights
- 7 The Right to Vote
- 8 The Right to Run for Election
- 9 Regulation of Elections
- Conclusion: Deliberation, Inclusion and Participation
- Bibliography
- Index
3 - European Principles of Interpretation and Application
Published online by Cambridge University Press: 26 October 2020
- Reviews
- Law, Democracy and the European Court of Human Rights
- Law, Democracy and the European Court of Human Rights
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- Table of Treaty Provisions
- Abbreviations
- Introduction
- 1 Theories of Democracy
- 2 Council, Convention and Court
- 3 European Principles of Interpretation and Application
- 4 Freedom of Expression
- 5 Association, Assembly and Political Parties
- 6 Scope of the Electoral Rights
- 7 The Right to Vote
- 8 The Right to Run for Election
- 9 Regulation of Elections
- Conclusion: Deliberation, Inclusion and Participation
- Bibliography
- Index
Summary
This chapter discusses how the European Court of Human Rights interprets and applies the European Convention on Human Rights. It examines the Court's approach to interpretation which stresses the Convention receives an effective, evolving and autonomous interpretation. The key principles involved in deciding whether a right has been appropriately limited or restricted are presented: legality or lawfulness, legitimate aim and proportionality. The margin of appreciation and positive obligations doctrines are explained.
Keywords
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- Law, Democracy and the European Court of Human Rights , pp. 65 - 83Publisher: Cambridge University PressPrint publication year: 2020