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Firstly, the court gives precedence to ‘present-day’ standards when interpreting the Convention rather than what may have been considered acceptable state conduct at the time of drafting the convention or what the drafters intended.Secondly, the present day standards must be common or shared amongst the contracting states.A shift can be seen in the case law of the Court from 1998 in which the Court has resorted to the concept of ‘common values’ in determining whether there has been evolution in a particular concept and therefore the width of the margin of appreciation to be granted to the State.In all these cases the Court showed a willingness to restrict the margin of appreciation the states enjoyed even though there was no consensus on the issue.The desire for the continued presence of the doctrine by the member states may also be seen by the drafting of Protocol No 15, which calls for an inclusion of the margin of appreciation doctrine within the Preamble of the Convention.On the face of it therefore, there does not appear to be demise in the margin of appreciation doctrine.The horny Asian office lady is very aroused and would love to suck that cock before having it deep down her cherry.The Interpretation of the ECHR as a Living Instrument: Demise of the Margin of Appreciation Doctrine?
Joseph Raz attacked the correlativity thesis on three main points.
The Court rather chose to rely on the evolution of ‘common or shared standards’.
the Court has carried on with this approach of relying on evolution in international society.
The impact of the living instrument doctrine on the margin of appreciation doctrine is more nuanced.
One of the main areas of impacts is that it is used to determine the ‘width’ of the margin of appreciation given to contracting States.
Selected case law from the Court will be examined and the theory of restricted correlativity as advocated by Joseph Raz, which highlights the dynamic nature of duties, will be explored in order to show justification for retention of these two interpretative tools in the jurisprudence of the Court.