Uzasadnienie dynamicznej wykładni Konwencji o ochronie praw człowieka i podstawowych wolności — pytania krytyczne
Justifi cation for an Evolutive Interpretation of the Convention on the Protection of Human Rights and Fundamental Freedoms: Some Critical Questions

Summary/Abstract: In the light of the case law of the European Court of Human Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms is a living instrument “which must be interpreted in the light of present-day conditions”. The basic purpose of the article is an attempt to address critical questions about some of the standard arguments for the legitimacy of the evolutive interpretation of the Convention. The author claims that although the Court’s approach to the Convention as a „living instrument” is fi rmly rooted in its case law and legal theory, an adequate justifi cation for such an approach is still an open question and is considered as an open theoretical issue. The article consists of two parts. In the fi rst part the author briefl y describes the essential elements of treating the Convention as a living instrument, and illustrates, on the example of selected Court’s judgments, the manner in which this idea is applied in practice, i.e. the legal (judicial) reasoning refl ecting such an approach. In the second part, after pointing out the specifi c context in which the legitimacy of the dynamic interpretation of the Convention can be considered, he identifi es and critically examines a number of arguments raised in support of for this interpretation both in the legal theory and in the case-law of the Court.

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