This book analyses the case-law of the European Convention on Human Rights with particular reference to the margin of appreciation doctrine and the principle of proportionality.
In light of recent reform discussions, this volume addresses the multi-level relations of the Court by drawing on existing debates, pointing to current deficits and highlighting the need for further improvements.
indicate that the ECJ does not have a favourable attitude towards fundamental rights.51 However, this image of the ECJ as a reluctant and ... 55 E.g., Orfanopoulos, C-493/01; see further D. Sarmiento, 'Who's Afraid of the Charter?
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.
P Leach, Taking a Case to the European Court of Human Rights (2nd edn, OUP, Oxford 2005) A Legg, Towards a Principled Doctrine of ... Oxford 2000) S Marks and A Clapham, International Human Rights Lexicon (OUP, Oxford 2005) F Matscher, ...
The Oxford Handbook of International Human Rights Law provides a comprehensive and original overview of one of the fundamental topics within international law.
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 ...
5 See Beatson, Matthews and Elliott, Administrative Law, Oxford, Oxford University Press, 2005 (3rd ed.), Ch. 8, which refers to “abuse of discretion”; see also De Smith, Woolf and Jowell, Judicial Review of Admnistrative Actions, ...
44National Research Council, Pathological Gambling: A Critical Review, cited in Cunningham-Williams, Cottler, and Womack, “Epidemiology”. 45 Gerstein, D., Murphy, S., and Toce, M., Gambling Impact and Behavior Study: Final Report to the ...
Modernities, Memory, Mutations: Grace Davie and the Study of Religion (London: Ashgate, 2015b). Franken, L., Liberal Neutrality and State Support for Religion (Dordrecht: Springer International Publishing, 2016).
This book of essays,the product of a conference held at the University of Birmingham in the spring of 1998, contains contributions from a group of extremely distinguished scholars in the fields of both public and private law.