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Arbitrary Judicial Interference in Human Rights Guaranteed by the Convention


The purpose of this study is to improve the approaches to the resolution of disputes arising from the arbitrary interference of the judiciary with human rights stipulated by the Convention. The methodological basis of this study consists of: the method of comparative legal analysis; the method of linguistic and systematic interpretation of legal texts; and synthesis of European Court of Human Rights decisions. The paper examines European Court of Human Rights decisions regarding arbitrary interference by the state with human rights. The authors of this scientific paper identify groups of the most common human rights breaches arising from the administration of justice by national courts. The results of the study suggest that it seems necessary and justified in any democratic society to have certain safeguards in the law of the respective state, namely, a certain set of legal safeguards against arbitrary interference with human rights by the judiciary.