European Court of Human Rights - Developer of Legal Doctrines. Theoretical Bases
European Court of Human Rights - Developer of Legal Doctrines. Theoretical Bases
Author(s): Aurel Octavian PasatSubject(s): International Law, Human Rights and Humanitarian Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: European Court of Human Rights; fundamental freedoms; jurisprudence; the principle of subsidiarity; the domestic legal system;
Summary/Abstract: The purpose of the paper is to analyze the contribution of the European Court of Human Rights to its transformation into a viable solution for the protection of human rights, fulfilling its role as "developer of legal doctrines regarding human rights", a role conferred by the object and purpose of the European Convention on Human Rights, for the maintenance and development of the democratic society model. Moreover, the evolution of the European Court of Human Rights in the last two decades has undoubtedly had a major effect in order to mediate the applicants to access justice, but also on the national courts that must correctly interpret the Convention, in the cases that are subject to judgment, on the basis of the principle of subsidiarity.
Journal: Perspectives of Law and Public Administration
- Issue Year: 12/2023
- Issue No: 3
- Page Range: 439-446
- Page Count: 8
- Language: English