THE INFLUENCE OF NATIONAL JUDICIAL CONSENSUS ON CONVENTION LAW

Abstract

The European Court of Human Rights has for a long time deemed European consensus – or lack thereof – to be a relevant consideration in its interpretation and application of the European Convention on Human Rights. By examining the notion of European consensus and the different ways in which it operates under the Convention, this article highlights the influence consensus has had on the Court’s case law under the Convention. The article also highlights some of the possible challenges and concerns with a consensus-based approach to the interpretation and application of the Convention. 
Keywords: Consensus, National Practice, Convention Law.