Table of contents for A theory of interpretation of the European Convention on Human Rights / George Letsas.

Bibliographic record and links to related information available from the Library of Congress catalog.

Note: Contents data are machine generated based on pre-publication provided by the publisher. Contents may have variations from the printed book or be incomplete or contain other coding.


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Contents
Table of Cases xiii
Introduction 1
1. Human Rights, Legality, and the ECHR 17
2. Autonomous Concepts, Conventionalism, and Judicial Discretion 37
3. Intentionalism, Textualism, and Evolutive Interpretation 58
4. Two Concepts of the Margin of Appreciation 80
5. Liberal Principles of Human Rights Interpretation 99
6. Public Morals, Consensus, and Rights Inflation: A Critique 120
Bibliography 131
Index 00
Contents
Table of Cases xiii
Introduction 1
1. Human Rights, Legality, and the ECHR 17
Introduction 17
Background to and a Very Brief History of Human Rights 18
No One-Size-Fits-All Theory of Human Rights 21
Human Rights as Conditions of Legitimacy 26
Human Rights, Legal Rights, and Interpretivism 29
Conclusion 36
2. Autonomous Concepts, Conventionalism, and Judicial Discretion 37
Introduction 37
The Emergence of Autonomous Concepts 40
Good-Faith Violations of the ECHR 43
A More Recent Example of an Autonomous Concept 46
Autonomous Concepts and Judicial Discretion 48
Need for Harmonization and Uniform Application? 49
Autonomous Concepts as Disagreement 51
Does Disagreement Entail Judicial Discretion? 53
Possible Choices 56
3. Intentionalism, Textualism, and Evolutive Interpretation 58
Introduction 58
Originalism in Constitutional Law 60
Golder v UK: VCLT and the Case of Unenumerated Rights 61
After Golder: the ECHR as a Living Instrument 65
The Failures of Originalism 68
The Object and Purpose of the ECHR 72
Evolutive Interpretation: Truth Not Current Consensus 74
4. Two Concepts of the Margin of Appreciation 80
Introduction 80
Theories of International Human Rights Law 81
The Substantive Concept of the Margin of Appreciation 84
The Structural Concept of the Margin of Appreciation 90
Consensus and Public Morals 92
5. Liberal Principles of Human Rights Interpretation 99
Introduction 99
Rights, Interests, and Reasons 99
Liberal Egalitarian Theories of Rights: Rawls and Dworkin 105
Rawls's Theory of Rights 105
Dworkin's Rights as Trumps 110
Liberal Egalitarian Principles for the Interpretation of the Limitation Clauses 117
6. Public Morals, Consensus, and Rights Inflation: A Critique 120
Introduction 120
Public Morals and the Moralistic Preferences of the Majority 120
Consensus, Piecemeal Evolution, and Legality 123
Rights Inflation: Hatton and the Right to Sleep Well 126
Bibliography 131
Index 00

Library of Congress Subject Headings for this publication:

Convention for the Protection of Human Rights and Fundamental Freedoms (1950).
Human rights -- Europe -- Interpretation and construction.