Overview

The research that proceeded to the writing of this book started way back in the National University of Ireland, Galway (Centre for Human Rights) in 2014, when postgraduate students visited the International Criminal Court (ICC), International Court of Justice (ICJ) and the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague for seminars and observations of Courts proceedings. This book is in two parts. The first part aimed to critically examine the European Court of Human Rights use of the Margin of Appreciation in the context of free speech, while part two attempts to trace the origins of human rights mechanisms in different countries as well as the Margin of Appreciation in other common law jurisdictions. The study draws inspiration from a diverse array of pivotal resources to contribute to ongoing debates on the application of the doctrine of the 'Margin of Appreciation in the context of Article 10 and within the spectrum of the European Convention on Human Rights. This book is designed to make a substantial contribution to the literature of the European Court of Human Rights Margin of Appreciation. It is expected to be of interest to the students of international human rights law, academics, scholars working in the areas of international law, non-governmental organisations, legal practitioners as well as judges. It would contribute further to a better understanding of the relationship between the latitude given to judges in resolving the inherent conflicts between individual rights and national interests or among different moral convictions. The book is not in any way intended to replace existing works of literature.

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9781803690520

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