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The Theories Of Interpreting The European Convention Of Human Rights – As Shown In The Case Law Of The European Court Of Human Rights

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  • Cristinel Ioan MURZEA

    (Professor PhD., "Transilvania" University, Faculty of Law, Brasov, ROMANIA.)

Abstract

The European system of human rights protection is generally considered as a model of the effectiveness at the level of the international human right law. This general opinion expressed in the doctrine is mainly due to the current mechanism of protection of the rights guaranteed by the European Convention of Human Rights that enables an unique and permanent body, namely the European Court of Human Rights, to exercise an effective control upon the violations of the convention made by the Member States. Still, the doctrine is not very opened to the interpretations of the ECHR given to the European Convention of Human Rights. In the following we shall present the main theories reflected in the ECHR case-law as well the critics formulated by the doctrine

Suggested Citation

  • Cristinel Ioan MURZEA, 2013. "The Theories Of Interpreting The European Convention Of Human Rights – As Shown In The Case Law Of The European Court Of Human Rights," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 52, pages 54-62, March.
    • Handle: RePEc:pmu:cjurid:v:52:y:2013:p:54-62
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    More about this item

    Keywords

    European Convention of Human Rights; European Court of Human Rights; theory; interpretation;
    All these keywords.

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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