Dynamic and Evolutive Interpretation of the ECHR by Domestic Courts? An Inquiry into the Judicial Architecture of Europe

The European Court of Human Rights has a long tradition of interpreting the European Convention of Human Rights evolutively, but can national courts also change the meaning of the terms of the ECHR through interpretation? This chapter looks into how a judicial system comprising European and national elements can be constructed that distinguishes three possible models of judicial human rights architectures. Based on those models, the practice of domestic courts in three member states (Germany, Ireland, and the United Kingdom) are reviewed. Subsequently, the question of evolutive interpretation by national courts is looked at from the European perspective focusing on its legal, institutional, and normative aspects. In conclusion, the insights are summarized by five themes, including tools to harmonize international and national jurisprudence, the diversification of domestic rules to implement international law, compatibility problems of national and European judicial architectures, and the notion of judicial architecture.