 Contents:
1. Human Rights, Legality, and the ECHR
Introduction
Background to and a Very Brief History of Human Rights
No One-Size-Fots-All Theory of Human Rights
Human Rights as Conditions of Legitimacy
Human Rights, Legal Rights, and Interpretivism
Conclusion
2. Autonomous Concepts, Conventionalism, and Judicial Discretion
Introduction
The Emergence of Autonomous Concepts
Good-Faith Violations of the ECHR
A More Recent Example of an Autonomous Concept
Autonomous Concepts and Judicial Discretion
Need for Harmonization and Uniform Application?
Autonomous Concepts as Disagreement
Does Disagreement Entail Judicial Discretion
Possible Choices
3. The Semantic Sting and the ECHR
Intentionalism, Textualism, and Evolutive Interpretation
Introduction
Originalism in Constitutional Law
Golder v UK VCLT and the Case of Unenumerated Rights
After Golder : the ECHR as a Living Instrument
The Failures of Originalism
The Object and Purpose of the ECHR
Evolutive Interpretation: Truth Not Current Consensus
4. Two Concepts of the Margin of Appreciation
Introduction
Theories of International Human Rights Law
The Substantive Concept of the Margin of Appreciation
The Structural Concept of the Margin of Appreciation
Consensus and Public Morals
5. Liberal Principles of Human Rights Interpretation
Introduction
Rights, Interests, and Reasons
Liberal Egalitarian Theories of Rights: Rawls and Dworkin
Liberal Egalitarian Principples for the Interpretation of the Limitation Clauses
6. Public Morals, Consensus, and Rights Inflation: A Critque
Introduction
Public Morals and the Moralistic Preferences of the Majority
Consensus, Piecemeal Evolution, and Legality
Rights Inflation: Hatton and the Right to Sleep Well |
