Jurisprudential foundations of human rights adjudication in the European Court of Human Rights judicial creativity, democratic legitimacy and interpretive trends

Sen, Rohini (2013) Jurisprudential foundations of human rights adjudication in the European Court of Human Rights judicial creativity, democratic legitimacy and interpretive trends. Journal of International Law, 2 (3): 394.

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Abstract

Adopted in 1950, the European Convention on Human Rights predominantly came into existence to unify Europe in the backdrop of communism subversion.2 The European Court of Human Rights was set up under the aegis of the convention to protect the rights enshrined in it and the protocols. Since its inception, the Court has served to protect the rights in various capacities, often through surprisingly bold interpretation of the given rights in the convention. This note outlines the various approaches and methods used by the court to arrive at its decisions and critically analyses the implications behind the rationales.

Item Type: Article
Keywords: European Convention | Human Rights | 1950 |
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Library and Information Science
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 14 Apr 2022 05:57
Last Modified: 14 Apr 2022 05:57
URI: https://pure.jgu.edu.in/id/eprint/2357

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