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 Train Your Gaze by
Cover of the book Operation Barbarossa 1941 (1) by
Cover of the book The Essential Wisden by
Cover of the book The Rising Storm by
Cover of the book The New Nature Writing by
Cover of the book Literature of the Early Twentieth Century: From the Constitutional Period to Reza Shah by
Cover of the book The Long Range Desert Group in World War II by
Cover of the book Personal Insolvency in the 21st Century by
Cover of the book Enchantress from the Stars by
Cover of the book There Is No Dragon In This Story by
Cover of the book Fw 200 Condor Units of World War 2 by
Cover of the book The Ageless Body by
Cover of the book The Religious Philosophy of Simone Weil by
Cover of the book Okinawa 1945 by
Cover of the book The Rules Book 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