The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence

ISBN-13: 9780792333388 / Angielski / Twarda / 1996 / 244 str.

Howard Charles Yourow

Opis

The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence is the first full-length monograph to treat this subject, which is of central importance to the interpretation and application of the European Convention on Human Rights. It will enrich the understanding and appreciation of judges, advocates, civil servants, scholars, researchers, students, and indeed of anyone whose life and work is affected by national and international human rights adjudication. This thorough and learned analysis synthesizes the work of the Strasbourg judicial organs, proceeding in the light of the ongoing debates on the appropriate place of the margin doctrine in the Strasbourg jurisprudence. The author's rich conclusions add texture and perspective to the future judicial and scholarly dialogues which will no doubt continue to surround this subject matter. The text is eminently readable, written in a clear and precise style to be appreciated by the novice and specialist alike. The newcomer to human rights and to the Convention will find it an inviting introduction to complex material; the expert will gain new and expanded insights into the development of the case law rarely to be found in this breadth and depth.

Recenzje

'Yourow's work provides a strong and scholarly base for a theoretical and doctrinal analysis of the concept of margin of appreciation.'
European Journal of International Law, 9 (1998).

Spis treści

I: Introduction. A. Method. B. The International Supervisory Function and the National Margin of Appreciation Doctrine. C. The International Supervisory Function and the National Margin of Appreciation Doctrine: Survey of the Cases. D. Birth of the Margin Doctrine. E. Expansion of the Doctrine beyond Derogation. II: Leading Cases to 1979: Toward Standards. A. Criminal and Civil Due Processes: Neumeister, Stögmüller, Ringeisen, Wemhoff, Matznetter, König, Delcourt, Luedicke, Balkacem and Koç Cases. B. Personal Freedoms: Belgian Linguistic Case; Foundations of Non-Derogation Margin Analysis. C. Personal Freedoms: The `Restricted Environments' Cases of the Early 1970s: Introduction. D. Personal Freedoms: The 1970s `Middle Period'. E. Findings and Conclusions with Regard to the Pre-1979 Case Law. III: Leading Cases since 1979: The Assertion of Standards. A. Introduction. B. Criminal and Civil Procedural Due Process of Law (Arts. 5 and 6). C. Personal Freedoms. D. Discrimination and Equal Protection. E. Findings and Conclusions with regard to the Post-1979 Case Law. IV: Findings and Conclusions. A. Sources of Law and Methods of Interpretation. B. Classifying the Applicability of National Appreciation Doctrine. C. `Rights Hierarchy', `Rights Continuum', and `Private/Public' Rights Theories. D. An Emerging New Category of Cases? E. The Strasbourg Doctrine on Divided Power Issues. F. Consensus, Margin Doctrine, and Evolutive or Dynamic Interpretation of the Convention's Provisions. G. Summation. V: Provisions of the European Human Rights Convention. VI: Table ofCases. VII: Bibliography.