Legislative interpretation in the European Court ofHuman Rights
It is a well-established principle of international law, currently contained in the Vienna Convention on the Law of Treaties 1969, that a treaty
shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purposes.
(Emphasis added.)The preamble to the European Convention on Human Rights Treaty makes it plain that its object and purpose are
the maintenance and further realisation of Human Rights and Fundamental Freedoms.
Furthermore, the Court’s decision in Wemhoff v Federal Republic of Germany (1979-80) 1 EHRR 55, shows that where the wording of the official texts of the Convention cannot be reconciled with each other, the ‘object and purpose’ of the Convention will be decisive.
More on the topic Legislative interpretation in the European Court ofHuman Rights:
- Legislative interpretation in the European Court of Justice
- The European Court of Human Rights
- A short history of legislative interpretation
- Legislation and legislative interpretation
- The European Convention on Human Rights
- European Convention on Human Rights
- From the Treaty of Maastricht to the European Charter of Fundamental Rights
- Some key concepts under the European Convention on Human Rights
- Appendix 1 Extracts From the European Convention on Human Rights and Fundamental Freedoms
- The European Convention on Human Rights
- European Union law and the protection of human rights
- Communication and interpretation
- The legislative supremacy of Parliament
- Federal Bargaining and Legislative Dominance
- The Court of Appeal
- The High Court