Kanstantsin Dzehtsiarou and Vasily Lukashevich
The article explores the use of comparative surveys in judgments of the European Court of Human Rights (ECtHR). It argues that the inclusion of a comparative survey serves an informational purpose that may increase the substantive legitimacy of ECtHR rulings. The article aims to provide a broad, however preliminary account of the use of comparative data by focusing on a number of pertinent doctrinal, methodological, and practical issues.
Keywords: comparative law; decision-making process; European Court of Human Rights; interpretation; judicial reasoning