Human Rights Between Law and Politics

The Margin of Appreciation in Post-National Contexts

Nonfiction, Reference & Language, Law, Comparative, Civil Rights
Cover of the book Human Rights Between Law and Politics by , Bloomsbury Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9781509902828
Publisher: Bloomsbury Publishing Publication: August 24, 2017
Imprint: Hart Publishing Language: English
Author:
ISBN: 9781509902828
Publisher: Bloomsbury Publishing
Publication: August 24, 2017
Imprint: Hart Publishing
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Bloomsbury Publishing

Cover of the book German Flak Defences vs Allied Heavy Bombers by
Cover of the book In the Fall They Come Back by
Cover of the book The Collected Works of Edward Schillebeeckx Volume 7 by
Cover of the book The Methuen Drama Book of Plays by Black British Writers by
Cover of the book Extinct Boids ENHANCED EDITION by
Cover of the book Stephens Plays: 1 by
Cover of the book Deconstructing Zionism by
Cover of the book Compromised Data by
Cover of the book Arden / D'Arcy Plays: 1 by
Cover of the book Affluence Without Abundance by
Cover of the book Glorious Misadventures by
Cover of the book Opposing the Slavers by
Cover of the book King Tiger vs IS-2 by
Cover of the book Fetish Style by
Cover of the book The Fundamentals of Landscape Architecture by
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy