Dinamična razlaga in sodniški aktivizem

The authors discuss the dynamic interpretation of the European Convention on Human Rights and the judicial activism of the European Court of Human Rights, which they describe as necessary companions in protecting convention rights. Dynamic interpretation and judicial activism allow the court to respond to societal changes and appropriately develop judicial law. However, as such departures from a formalistic (static, conservative) understanding of convention provisions affect the stability and predictability of the convention legal system, dynamic interpretation and judicial activism must be applied reasonably and balanced with respect for the principles of judicial self-restraint and the rule of law. Furthermore, the court must consider that its decisions and their implementation depend on the level of consensus and political will among the contracting states in certain areas of human rights protection. The European convention on Human Rights and the European court of Human Rights are discussed as two key foundations of the legal and political identity of broader European integration, based on the values of human dignity and the rule of law.