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COMPARATIVE LAW METHOD IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE LIGHT OF THE RULE OF LAW
Mónika Ambrus
In several cases, comparative law exercises have been given excessive weight, which has given rise to confl icting interpretations in the case law of the European Court of Human Rights (ECtHR). This use of the comparative law method by the Court has been widely criticised. The critical voices have generally argued in terms of what is prohibited by the principle of the rule of law, which the Court itself is also bound to take into account, namely the arbitrary use of power. In the light of these criticisms, it is a challenging task to examine whether and to what extent the comparative law method complies with the principle of the rule of law, which is the aim of this paper.
