... to reach a conclusion that the outcome (ie the national decision where 200 interests have been balanced) was not reasonable and, therefore, the State has failed to fulfil its positive obligations. All this leads to a more abstract review—the Court does not closely scrutinize the actual solutions offered...

...The diffusion of constitutional judicial review over the past half-century has resulted in the emergence of two dominant ‘models’ of review, the American and the European. The European model, called ‘abstract review’, is typically defended as guaranteeing a more complete system of constitutional...