THE RULE OF LAW IN THE ECHR FRAMEWORK: THEORETICALLY-LEGAL OVERVIEW
Journal Title: Науковий вісник Ужгородського національного університету. Серія: Право - Year 2017, Vol 42, Issue
Abstract
The article deals with the functional features of the rule of law concept in European Court of Human Rights practice. The aim of this study is to provide a conceptual theoretical framework based on the assumption, that as the authority of the supra-national level, Court in its work had successfully used a so-called “evolutive” approach to the interpretation. Special attention is given to the classification of the approaches, according to which the rule of law is seen as the universal principle of the international judicial law-making process. The author concludes that: 1) the rule of law is a concept of the flexible and dynamic character; 2) there are reasonable grounds to distinguish two modes (forms) of the rule of law man- ifestation in the Court’s case law; 3) the rule of law also carries out the systematically important for the ECHR functions. Respectively, there is an urgent need to review provisions, existing in the Ukrainian legislation.
Authors and Affiliations
Yu. Yu. Reminska
Keywords
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