Abstract
ABSTRACT This article attempts to analyse the argumentative model of European consensus as a ground for adopting or refusing to adopt a dynamic interpretation of the ECHR’s provisions. The consensus model promises an objective and verifiable method of dynamic interpretation. This aspiration is rooted in the positivistic character of the model—the evolutionary interpretation is thought to reflect the currently dominant societal axiological views, which are established through purely legal reasoning involving comparative legal analysis. Unfortunately, the theoretical promise of the consensus method remains unfulfilled. The professionalisation of the Court’s comparative research will not be able to rescue this method if there are no coherent criteria for evaluating the data resulting from the research. In addition, the majoritarian logic that lies behind the consensus model cannot satisfy the justificatory need invoked from the perspective of a respondent State.
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