6. Convention law: pervasive themes

Abstract

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter discusses the various concepts that pervade the way the European Convention on Human Rights (ECHR) is interpreted and, therefore, how Convention rights under the HRA are applied. The chapter considers the internal and external sources used to interpret the text. It goes on to consider the concepts that the European Court of Human Rights has developed when applying the Convention. In particular the ‘living instrument’ doctrine, the idea of the rule of law, the margin of appreciation, proportionality, and democracy (in a Convention context) are considered and explored.