The Dynamics of Interpretation and Context
Chapter 9: European Union human rights law: the dynamics of interpretation and context - conclusions
In this book, we set out to examine how the interplay between judicial interpretation and its context has shaped the character of the law of human rights in the EU. We found that the EU human rights jurisprudence is defined by interpretative considerations which emerge from its broader and narrower constitutional and governance context in the EU polity and that it is characterized by interpretative practices and reactions which recognize and respond to the demands of the interpretative environment of individual cases. Although the language of the jurisprudence is often reduced and the rationales of interpretative constructions are often similarly suppressed, our discussions revealed a dynamic, in many aspects custom-made body of human rights law which ensures the legal protection of human rights in the difficult constitutional and governance terrain of the EU. The EU human rights jurisprudence, through the basic interpretative practices of judicial deference and judicial balancing between competing interests and rights, secured the fundamental standards of legality and legal accountability in the EU. It also brought to the surface a framework for the separation of constitutional, legislative, administrative and judicial powers in the EU and a framework for the parallel existence of EU and national constitutional orders and of EU human rights law and ECHR law.
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