This book analyzes 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...
This book analyzes human rights in post-national contexts and demonstrates, through the case law of the European Court of Human Rights, that the Margi...
