WebDec 9, 2016 · This special section contributes to the ongoing scholarly debate about the margin of appreciation doctrine, originally developed by the ECtHR. 1 It also explores the emergence of similar doctrines of deference in human rights adjudication outside Europe. 2 The four articles also raise issues relevant for a broader debate about legitimacy and … WebJan 21, 2024 · The phrase 'margin of appreciation' refers to the way in which the European Court of Human Rights (ECtHR) defers to the will of individual states, in specific …
Decoding the Margin of Appreciation doctrine in its use by the …
WebAug 9, 2024 · Similar to the administrative law doctrines of deference, a margin of appreciation then means that the Court will relatively easily accept the reasons and arguments advanced by the government, except where they are clearly unconvincing or disclose arbitrary decision-making. 22 WebJan 1, 2012 · A Critical Analysis of the Margin of Appreciation Doctrine of the ECtHR, with Special Attention to Rights of a Traditional Way of Life and a Healthy Environment: A Call … higher education expansion
Margin of appreciation - Wikipedia
WebThe margin of appreciation (or margin of state discretion) is a legal doctrine with a wide scope in international human rights law. It was developed by the European Court of Human Rights to judge whether a state party to the European Convention on Human Rights should be sanctioned for limiting the enjoyment of rights. WebThe case law on the margin of appreciation reveals that a certain degree of deference is already given to the judgment of national authorities when they weigh competing public … WebJul 5, 2012 · 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 … Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223 … ACHR. American Convention on Human RightsAJIL. American Journal of Internati… 5 Treaty Interpretation, Current State Practice,and Other International Law Influen… Giving a margin of appreciation to states on the basis of superior knowledge or ex… Part One of the book seeks to address the underconceptualized nature of the mar… higher education facilities trust heft fund