The strongest originalist judicial critique of evolutive treaty interpretation came from a lone dissenter

Evidence

The most substantial judicial critique of the living-instrument doctrine from within the Strasbourg jurisprudence. Fitzmaurice argued that the Convention must be interpreted according to the intentions of its drafters, that judicial birching was not considered a human rights violation by the contracting states in 1950, and that the majority’s application of the living-instrument doctrine substituted the Court’s moral preferences for democratic legislative judgment. The dissent remains the standard academic reference for the originalist critique of evolutive treaty interpretation. — , The Rod and the Child, 11167

Categorization

• XREF: Parallels originalism debates in US constitutional jurisprudence over living constitution doctrine.