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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
Human Rights Between Law and Politics The Margin of Appreciation in Post-National Contexts

Human Rights Between Law and Politics The Margin of Appreciation in Post-National Contexts

Agha, Petr

Paperback

Series: Modern Studies in European Law

General LawSocial Movements

ISBN10: 1509935738
ISBN13: 9781509935734
Publisher: Bloomsbury Publishing PLC
Published: Dec 26 2019
Pages: 208
Weight: 0.66
Height: 0.44 Width: 6.14 Depth: 9.21
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.

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