-
Abstract
This article discusses the role of non-legal considerations in the judgments of the European Court of Human Rights. First, it considers what legal instruments are available to the Court in interpreting the Convention Rights and why such instruments came to being in the first place. Second, the article identifies what types of non-legal considerations are taken into account by the Court and what impact they have on the Court’s decision-making process. The article argues that the Court pays considerable attention to such considerations and, in certain circumstances, it deploys available legal instruments, such as the margin of appreciation doctrine or fair balance test, to give those non-legal considerations a legal pretence. The article concludes that the importance of the non-legal factors in the decision-making process can be attributed to the vulnerable position of the European Court of Human Rights vis-à-vis the contracting states.
European Journal of Law Reform |
|
Article | Non-Legal Considerations in the Reasoning of the European Court of Human Rights |
Keywords | ECHR, Convention, human rights, subsidiarity, pretence |
Authors | Kacper Zajac |
DOI | 10.5553/EJLR/138723702017019003002 |
Author's information |
Purchase access
You can purchase online access to this article. You will receive 24 hrs access @ € 17,50 (excl. VAT).
24 hrs access | € 17,50 (excl. VAT) |
Activate your code
If you have an access code, please activate it here.