Should prisoners have voting rights? Should terminally ill patients
have a right to assisted suicide? Should same-sex couples have a
right to marry and adopt? The book examines how such questions can
be resolved within the framework of the European Convention of
Human Rights. 'European consensus' is a tool of interpretation used
by the European Court of Human Rights as a means to identify
evolution in the laws and practices of national legal systems when
addressing morally sensitive or politically controversial human
rights questions. If European consensus exists, the Court can
establish new human rights standards that will be binding across
European states. The chapters of the book are structured around
three themes: a) conceptualisation of European consensus, its modus
operandi and its effects; b) critical evaluation of its legitimacy
and of its outputs; c) comparison with similar methods of judicial
interpretation in other legal systems.
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