Hard cases in legal interpretation
Case:
The Lautsi case (Lautsi and others v Italy [2011] ECHR GC (Application no. 30814/06))What is the problem posed by ‘hard cases’ in legal interpretation? Discuss the cogency of a legal method of your choice in addressing this problem.
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Identify a key principle/doctrine from the jurisprudence of the European Court of Human Rights. What sources and methods have been (or can be) used to support the legal validity of this principle?
Is it possible to engage in successful legal interpretation without normative commitments?
What do you think a key difference might be between legal arguments and normative arguments in terms of methods, if any, and are there good reasons for keeping them apart?
The Vienna Convention on the Law of Treaties (1969/1980) identifies approaches to interpreting the provisions of a treaty (Articles 31 & 32). Critically discuss one of these approaches (illustrating your discussion by reference to a particular
What is the problem posed by ‘hard cases’ in legal interpretation? Discuss the cogency of a legal method of your choice in addressing this problem.
• To practice presenting data in a statistical process control chart format • To practice interpreting data presented in a statistical process control chart format
Consider the concept of ‘discrimination’ as used in one (and only one) of the following: a) English law, b) European Convention on Human Rights law, or c) International Human Rights law (International Bill of Rights law).
Consider the normative concept of ‘discrimination’. Explain why this is a normative concept and discuss how (methodologically) one can support a substantive account of this concept.
From the above case identify a principle that the court employs in either its ratio or obiter. Explain how you would develop a legal analysis of this principle, and identify legal sources and a legal method used to support it (or that could be use
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