TRUTH AND VALUE JUDGMENTS IN THE EUROPEAN CONVENTION ON HUMAN RIGHTS Cover Image

JUGEMENTS DE VÉRITÉ ET JUGEMENTS DE VALEUR DANS LA CONVENTION EUROPÉENNE DES DROITS DE L’HOMME
TRUTH AND VALUE JUDGMENTS IN THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Author(s): Pierre Lambert
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universitară Danubius
Keywords: freedom; dignity; protection of human rights; case-law.

Summary/Abstract: The jurisprudence of the European Court on Human Rights abounds in valuable judgments and will abound for a long time, which does not surprise us, considering its interpretative dynamism. The European Convention on Human Rights contains stipulations concerning human rights and liberties, but admits also restrictions - as long as they consist in the necessary measures in a democratic society – “referring to the national security, public safety, the economic prosperity of all countries, keeping order and preventing breaking of the law, to protect health or moral values, or the rights and freedoms of our own kind”. The evaluation of these elements is itself a value judgment that would replace the arbitrary right. The progressive interpretation of the European Convention on Human Rights by any judge represents a step forward.

  • Issue Year: 1/2005
  • Issue No: 1
  • Page Range: 11-22
  • Page Count: 12
  • Language: French
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