The Margin of Appreciation: Interpretation and Discretion Under the European Convention on Human Rights
- ISBN-10
- 9287143501
- ISBN-13
- 9789287143501
- Category
- Convention for the Protection of Human Rights and Fundamental Freedoms
- Pages
- 58
- Language
- English
- Published
- 2000-01-01
- Publisher
- Council of Europe
- Author
- Steven C. Greer
Description
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.
Get the book
Similar books
-
Jacobs, White and Ovey: the European Convention on Human Rights
By Clare Ovey, Bernadette Rainey, Elizabeth WicksSado-masochism The issue of the criminalisation of specific sexual practices of some homosexual men was considered in the Laskey, Jaggard and Brown case.” Three men were convicted of assault and wounding arising from sado-masochistic ...
-
Jacobs, White, and Ovey: the European Convention on Human Rights
By Clare Ovey, Bernadette Rainey, Pamela McCormickThe applicants were the parents, half-brother, and sister of Vincent Lambert who sustained a head injury in a road traffic accident in 2008 as a result of which he entered a persistent vegetative state. The French Conseil d'État had ...
-
Human Rights: A Practical Guide for Managers
By Peter VilliersEven if they are ex post facto allegations , and not the cause of Mr Jackson's departure , they may need to be considered on their merits if the public interest is involved – which on the face of it sounds highly likely .
-
The Right to Life Under Article 2 of the European Convention on Human Rights: Twenty Years of Legal Developments Since...
By Clare Ovey, Lawrence Early, Anna AustinThis volume contains the submissions made during and after the Seminar, and the order of inclusion of the submissions is based on the three working sessions of the Seminar. [Subject: Human Rights Law, European Law]
-
Article 3 of the European Convention on Human Rights: A Practitioner's Handbook ; with a Preface by Sir Nigel Rodley
By Uǧur Erdal, Hasan BakirciA Practitioner's Handbook Uǧur Erdal, Hasan Bakirci. ANNEX I OFTHE ISTANBUL PROTOCOL: PRINCIPLES ON THE EFFECTIVE INVESTIGATION AND DOCUMENTATION OFTORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT ...
-
Free Speech and Media Law in the 21st Century
By Russell L. WeaverThe papers published in this volume were presented in June of 2017 at the Free Speech Discussion Forum hosted at Pázmány Péter Catholic University Faculty of Law in Budapest, Hungary.
-
Law of the European Convention on Human Rights
By David John Harris, Michael O'Boyle, Carla BuckleyThe text also addresses the pressures and challenges facing the Strasbourg system in the twenty-first century.
-
The Margin of Appreciation Doctrine and the Principle of Proportionality in the Jurisprudence of the ECHR
By Yutaka Arai-Takahashi5.2.3. Burden of Proof
-
Going to Strasbourg: An Oral History of Sexual Orientation Discrimination and the European Convention on Human Rights
By Johnson, Paul James JohnsonA unique study of the role of the European Convention on Human Rights in eradicating discrimination and establishing legal equality on the grounds of sexual orientation in the United Kingdom, containing nineteen oral history accounts of ...
-
Human Rights Law Directions
By Howard Davis89 the duty On puBliC authOrities: seCtiOns 6, 7, and 8 parliament. On the contrary, they feel licensed to depart from the clear and unambiguous words of statutes in order to re-draft them to make them compatible with Convention rights.