The Margin Of Appreciation Doctrine In The Dynamics Of European Human Rights Jurisprudence
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The Margin Of Appreciation Doctrine In The Dynamics Of European Human Rights Jurisprudence
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Author : Howard C. Yourow
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1996-06-25
The Margin Of Appreciation Doctrine In The Dynamics Of European Human Rights Jurisprudence written by Howard C. Yourow and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-06-25 with Political Science categories.
Of Law.
The Margin Of Appreciation Doctrine And The Principle Of Proportionality In The Jurisprudence Of The Echr
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Author : Yutaka Arai-Takahashi
language : en
Publisher: Intersentia nv
Release Date : 2002
The Margin Of Appreciation Doctrine And The Principle Of Proportionality In The Jurisprudence Of The Echr written by Yutaka Arai-Takahashi and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Convention for the Protection of Human Rights and Fundamental Freedoms categories.
5.2.3. Burden of Proof
The Margin Of Appreciation Doctrine In The Dynamics Of European Human Rights Jurisprudence
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Author : Howard C. Yourow
language : en
Publisher:
Release Date : 1993
The Margin Of Appreciation Doctrine In The Dynamics Of European Human Rights Jurisprudence written by Howard C. Yourow and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Civil rights categories.
The Margin Of Appreciation Doctrine In The Dynamics Of European Human Rights Jurisprudence
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Author : Howard Charles Yourow
language : en
Publisher: BRILL
Release Date : 2021-09-27
The Margin Of Appreciation Doctrine In The Dynamics Of European Human Rights Jurisprudence written by Howard Charles Yourow and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-27 with Law categories.
The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence is the first full-length monograph to treat this subject, which is of central importance to the interpretation and application of the European Convention on Human Rights. It will enrich the understanding and appreciation of judges, advocates, civil servants, scholars, researchers, students, and indeed of anyone whose life and work is affected by national and international human rights adjudication. This thorough and learned analysis synthesizes the work of the Strasbourg judicial organs, proceeding in the light of the ongoing debates on the appropriate place of the margin doctrine in the Strasbourg jurisprudence. The author's rich conclusions add texture and perspective to the future judicial and scholarly dialogues which will no doubt continue to surround this subject matter. The text is eminently readable, written in a clear and precise style to be appreciated by the novice and specialist alike. The newcomer to human rights and to the Convention will find it an inviting introduction to complex material; the expert will gain new and expanded insights into the development of the case law rarely to be found in this breadth and depth.
Margin Of Appreciation Doctrine In The Case Law Of The European Court Of Human Rights
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Author : Eva Brems
language : en
Publisher:
Release Date : 1995
Margin Of Appreciation Doctrine In The Case Law Of The European Court Of Human Rights written by Eva Brems and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Conflict of laws categories.
Constituting Europe
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Author : Andreas Føllesdal
language : en
Publisher:
Release Date : 2013
Constituting Europe written by Andreas Føllesdal and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Electronic books categories.
An assessment of the European Court of Human Rights at the national, European and international levels.
Two Concepts Of The Margin Of Appreciation
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Author : George Letsas
language : en
Publisher:
Release Date : 2010
Two Concepts Of The Margin Of Appreciation written by George Letsas and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
The doctrine of the margin of appreciation that the European Court of Human Rights has developed in its case law has given rise to considerable criticism. In this article I draw a distinction between two different ways in which the Court has used the doctrine. The first one is in cases where the Court has to decide whether a particular interference with a Convention freedom is justified. In answering that question, the Court often uses the label 'margin of appreciation' without drawing on a substantive theory of rights that can justify the conclusion reached. The second use appears in cases where the Court refrains explicitly from employing a substantive test of human rights review on the basis that there is no consensus among Contracting States on the legal issue before it. My aim is to highlight the principles that can be used to justify each use of the doctrine, by locating human rights within broader issues in moral and political philosophy. Particular emphasis is placed on the distinction between reason-blocking and interest-based theories of rights as well as on the nature of the duties of the European Court, as a matter of international human rights law.
The Margin Of Appreciation
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Author : Steven C. Greer
language : en
Publisher: Council of Europe
Release Date : 2000-01-01
The Margin Of Appreciation written by Steven C. Greer and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-01-01 with Political Science categories.
The term 'margin of appreciation' has been used for some time to refer to the room for manoeuvre that the Strasbourg institutions are prepared to accord national authorities in fulfilling some of their principal obligations under the European Convention for Human Rights. This document proposes how the meaning of the term may be given greater clarity, coherence and consistency.
The European Convention For The Protection Of Human Rights
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Author : Mireille Delmas-Marty
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1992
The European Convention For The Protection Of Human Rights written by Mireille Delmas-Marty and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Political Science categories.
Court of Human Rights:.
The Doctrine Of Margin Of Appreciation A Comparison Between The European Human Rights System And The Inter American Human Rights System
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Author : Letizia Repele
language : en
Publisher:
Release Date : 2017
The Doctrine Of Margin Of Appreciation A Comparison Between The European Human Rights System And The Inter American Human Rights System written by Letizia Repele and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
The emergence of international courts in regional systems of protection of human rights generates challenges regarding their scope and relationship with the national courts of their State parties. Indeed, they must reconcile many different aspects, such as the principle of State sovereignty, political and cultural diversity among State parties, and the effective protection of human rights in the region. In both European and Inter-American systems of Human Rights, the tensions between protecting human rights and respecting democratic sovereignty have been in the centre of discussions on how both international courts interpret and apply their respective convention. The doctrine of margin of appreciation, established by the European Court of Human Rights, is one of the most important jurisprudential creations in this regard. The aim of the present thesis is to compare the European system and the Inter-American system of Human Rights with regard to the margin of appreciation and to analyse whether, and if yes how, the doctrine of margin of appreciation has been applied in the Inter-American system.