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Living Instrument
The living instrument doctrine is a method of judicial interpretation developed and used by the European Court of Human Rights to interpret the European Convention on Human Rights in light of present-day conditions. The doctrine was first articulated in ''Tyrer v. United Kingdom'' (1978), and has led both to different rulings on certain issues as well as evaluating the human rights implications of new technologies. Origin and development The living instrument doctrine has been used from the beginning by the European Court of Human Rights. It was first articulated during the case ''Tyrer v. United Kingdom'' (1978). In ''Tyrer'' the court rejected the argument that because people in the Isle of Man approved of judicial corporal punishment, such could not be a violation of Article 3 of the European Convention on Human Rights. The judgement stated that "The Court must also recall that the Convention is a living instrument which, as the European Commission of Human Rights, Commission righ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Interpretation
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary. This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review. For example, the United States Supreme Court has decided such topics as the legality of slavery as in the ''Dred Scott'' decision, and desegregation as in the '' Brown v Board of Education'' decision, and abortion rights as in the ''Roe v Wade'' decision. As a result, how justices interpret the constitution, and the ways in which they approach this task has a political aspect. Terms describing types of judicial interpretation can be ambiguous; for example, the term ''judicial conservatism'' can vary in meaning depending on what is trying to be "conserved". One can look at judicial interpr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |