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3.3.3. The doctrine of effectiveness or innovative interpretations
Another method used by judicial activists is the doctrine of effectiveness or innovative…
This method resulted from the requirement of the object and purposes of the Convention…
In the Belgian linguistic case, for the first time the Court asserted that ‘state…
Although, the concept of positive obligations has frequently been used by the ECtHR,…
Although the Court is not willing to provide any definition with regard to positive…
Although the concept of positive obligation is considered to be a useful technique…
In sum, the doctrine of effectiveness or innovative interpretation has played a critical…
3.3.2. The living instrument doctrine or evolutive Interpretation
CHAPTER 4 - Analysis of the Case Law