![]() There are a number of landmark decisions handed down by the ECHR which changed the landscape of human rights in Europe to better reflect the realities and attitudes of EU citizens.Įxamples of how judicial interpretation expanded human rights in Europe Environmental rights Human rights standards in European treaties tend not to be overly detailed, which has allowed the European Court of Human Rights (ECHR) to act as an engine of human rights development. Free to choose of their accord, the European Court of Justice (ECJ) relies on classical methods of interpretation, which are also recognised by national courts: literal interpretation, contextual interpretation, and teleological interpretation (explained in more detail below). Turning to Europe, how is judicial interpretation applied in European Union courts?ĮU treaties (unlike the EU Charter) contain no instructions about which interpretative method should be applied, nor in which order. Judicial Interpretation by European Courts lost access to nearly all elective abortion because of how the court interpreted the law. Following this decision, 1 in 3 women in the U.S. ![]() However, once the court overturned this decision there was nothing preventing states from introducing legislation restricting abortion. had a right to abortion, which prevented individual states from introducing legislation making abortion illegal. This meant that all uterus-holders in the U.S. In the Roe v Wade decision the court found that the constitutional “right of privacy” gave women the right to decide themselves choose to have an abortion, and that it was not the role of the government to interfere in such personal decisions. The significance that these decisions can for individuals was abundantly clear in the United States when the Supreme Court, with a majority of conservative-leaning, Republican-appointed judges overturned the landmark decision in the Roe v Wade case, which first established a constitutional right to abortion. Supreme courts can overturn previous decisions or laws made by their legislature via a process called judicial review if the law is incompatible with higher ranking laws such as the constitution or international law. How a judge interprets the law can have a profound impact on society. When deciding whether a particular law applies to the case or how it should be applied, judges will rely on a method of judicial interpretation. Their job is to objectively apply the law based on the case before them. Because of this flexibility, judicial interpretation has played a huge role expanding human rights law.Īs impartial figures, judges shouldn’t rely on their personal or political beliefs when reaching a decision. This gives judges the possibility to interpret law to accommodate changes in society and social norms. Human rights standards and treaties and constitutions are by design not very detailed, leaving lots of scope for interpretation and flexibility. Judicial interpretation has played a huge role in the evolution of human rights law. When both sides present their case to the court, the judge will rely on their interpretation of the law to decide which side should win. Judicial interpretation is the way in which the judge understands the meaning of the law. Support our work protecting judicial independence When courts are free, judicial interpretation broadens human rights. This is where judicial interpretation plays an important role. How can legal texts written during a time unrecognisable to ours remain relevant in modern society? Most countries’ constitutions were written when the state was formed, and are many decades (if not centuries) old. Take constitutional law as an example, which embodies the fundamental principles by which a nation is governed. But for this to be effective, we should all have a shared understanding about what the law says.įiguring out the meaning of the law is easier when it is written by our contemporaries - but many laws still in effect today were written a long time ago. When everyone is on the same page, it is easier to get things done. So how do these considerations apply to the written law?įor people to work together on a community scale, we need rules about how we are supposed to behave with each other. Similarly, the way we interpret texts changes over time based on evolving social and ethical norms. But colloquially, ‘next Saturday’ refers to the Saturday the following week.Īlthough the meaning of a sentence might seem straightforward to us, language is always open to interpretation - which can lead people to arrive at different conclusions. If we interpret her message literally, we would take it to mean the next Saturday occurring in the calendar. ![]() Imagine you are texting a friend to make dinner plans and she suggests you meet ‘next Saturday’.
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