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1 results

  • 3 - European Principles of Interpretation and Application

  • Rory O'Connell, Ulster University
  • Book:
    Law, Democracy and the European Court of Human Rights
    Published online:
    26 October 2020
    Print publication:
    05 November 2020, pp 65-83

  • 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.