Sunday, November 13, 2011

Dictum of the day, or on the legitimacy of concensus

The existence of a consensus has long played a role in the development and evolution of Convention protections [...] the Convention being considered a “living instrument” to be interpreted in the light of present‐day conditions. Consensus has therefore been invoked to justify a dynamic interpretation of the Convention.

A, B.and C. v. Ireland, 2032 Eur.Ct.H.R., at para.234 (2010).

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