This is a new version of the site. Go to old
Kanstantsin Dzehtsiarou and Vasily Lukashevich
Abstract
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
Dr. Kanstantsin Dzehtsiarou, MA (Sussex), PhD (UCD). Lecturer in law (University of Surrey), This email address is being protected from spambots. You need JavaScript enabled to view it. document.getElementById('cloakefa3ef3e4e8d083b198d5d756ff242ec').i...