The Margin Of Appreciation In International Human Rights Law
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The Margin Of Appreciation In International Human Rights Law
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Author : Andrew Legg
language : en
Publisher: OUP Oxford
Release Date : 2012-07-05
The Margin Of Appreciation In International Human Rights Law written by Andrew Legg and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-05 with Law categories.
The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is at the heart of some of the most important international human rights decisions. Does it undermine the universality of human rights? How should judges decide whether to give this margin of appreciation to states? How can lawyers make best use of arguments for or against the margin of appreciation? This book answers these questions, and broadens the discussion on the margin of appreciation by including material beyond the ECHR system. It provides a comprehensive justification of the doctrine, and ALLFSCA14I the key cases affecting the doctrine in practice. Part One provides a systematic defence of the margin of appreciation doctrine in international human rights law. Drawing on the philosophy of practical reasoning the book argues that the margin of appreciation is a doctrine of judicial deference and is a common and appropriate feature of adjudication. The book argues that the margin of appreciation doctrine prevents courts from imposing unhelpful uniformity, whilst allowing decisions to be consistent with the universality of human rights. Part Two considers the key case law of the European Court of Human Rights, the Inter-American Court of Human Rights, and the UN Human Rights Committee, documenting the margin of appreciation in practice. The analysis uniquely takes a broad look at the factors affecting the margin of appreciation. Part Three explores how the margin of appreciation operates in the judicial decision-making process, reconceptualising the proportionality assessment and explaining how the nature of the right and the type of case affect the courts' reasoning.
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.
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
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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 Convention for the Protection of Human Rights and Fundamental Freedoms 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.
Human Rights Between Law And Politics
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Author : Petr Agha
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-08-24
Human Rights Between Law And Politics written by Petr Agha and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-24 with Law categories.
This book analyses human rights in post-national contexts and demonstrates, through the case law of the European Court of Human Rights, that the Margin of Appreciation doctrine is an essential part of human rights adjudication. Current approaches have tended to stress the instrumental value of the Margin of Appreciation, or to give it a complementary role within the principle of proportionality, while others have been wholly critical of it. In contradiction to these approaches this volume shows that the doctrine is a genuinely normative principle capable of balancing conflicting values. It explores to what extent the tension between human rights and politics, embodied in the doctrine, might be understood as a mutually reinforcing interplay of variables rather than an entrenched separation. By linking the interpretation of the Margin of Appreciation doctrine to a broader conception of human rights, understood as complex political and moral norms, this volume argues that the doctrine can assist in the formulation of the common good in light of the requirements of the Convention.
Towards Convergence In International Human Rights Law
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Author : Carla M. Buckley
language : en
Publisher: BRILL
Release Date : 2016-11-10
Towards Convergence In International Human Rights Law written by Carla M. Buckley and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-10 with Law categories.
In this edited collection, leading jurists and scholars examine how far regional and international human rights bodies borrow from and influence each other in their decisions and practices – and whether international human rights law is heading towards fragmentation or greater coherence.
The Development Of International Law By The European Court Of Human Rights
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Author : J. G. Merrills
language : en
Publisher: Manchester University Press
Release Date : 1993
The Development Of International Law By The European Court Of Human Rights written by J. G. Merrills and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Civil rights categories.
The rule of law.
Consensus Based Interpretation Of Regional Human Rights Treaties
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Author : Francisco Pascual-Vives
language : en
Publisher: BRILL
Release Date : 2019-07-22
Consensus Based Interpretation Of Regional Human Rights Treaties written by Francisco Pascual-Vives and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-22 with Law categories.
In Consensus-Based Interpretation of Regional Human Rights Treaties Francisco Pascual-Vives examines the central role played by the notion of consensus while the European and Inter-American Courts on Human Rights undertake an evolutive interpretation of regional human rights treaties.
European Human Rights Law
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Author : Mark W. Janis
language : en
Publisher:
Release Date : 2008
European Human Rights Law written by Mark W. Janis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
The third edition of European Human Rights Law: Text and Materials has been substantially expanded to provide a complete review of the wide range of rights the Convention protects, with new chapters on the right to life, property, discrimination, religious freedom, and education. The book introduces both the process and the substance of this increasingly important area of European law. A broad selection of extracts from essential cases and materials is accompanied by stimulating commentary that guides the reader through the legal rules and court system that have evolved in Strasbourg, how the court works, and how European human rights law is enforced both at the national and international level. European human rights law is also placed into a useful comparative framework alongside human rights cases decided by courts in the United States, Canada, and elsewhere. This third edition has been extensively updated to cover the major developments of recent years, including the reform of the European Court of Human Rights and the expansion of the system to central and eastern Europe.
Deference In International Courts And Tribunals
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Author : Lukasz Gruszczynski
language : en
Publisher: OUP Oxford
Release Date : 2014-10-09
Deference In International Courts And Tribunals written by Lukasz Gruszczynski and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-09 with Law categories.
International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.