Overview

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.

Full Product Details

Author:   Petr Agha
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.304kg
ISBN:  

9781509935734

ISBN 10:   1509935738
Pages:   208
Publication Date:   26 December 2019
Audience:   Professional and scholarly ,  College/higher education ,  Professional & Vocational ,  Tertiary & Higher Education
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

Introduction Petr Agha 1. Universalism and Relativism in the Protection of Human Rights in Europe: Politics, Law and Culture Steven Greer 2. On the Varieties of Universalism in Human Rights Discourse Ben Golder 3. When Human Rights Clash in `the Age of Subsidiarity': What Role for the Margin of Appreciation? Stijn Smet 4. The Margin of Appreciation as an Underenforcement Doctrine Dimitrios Tsarapatsanis 5. Anything to Appreciate?: A Sociological View of the Margin of Rights and the Persuasive Force of Their Doctrines Jiri Priban 6. The Prisoner's Dilemma: The Margin of Appreciation as Proportionality or Recognition? Marco Goldoni and Pablo Marshall 7. Social Sensitivity, Consensus and the Margin of Appreciation Nicholas Bamforth 8. Religious Rights and the Margin of Appreciation Dominic McGoldrick 9. The Paradox of Human Rights and the Role of the European Court of Human Rights in Keeping it Alive Petr Agha

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Author Information

Petr Agha is Deputy Director of the Centre for Law and Public Affairs, Researcher at the Institute of State and Law, Czech Academy of Sciences and Senior Lecturer at the Faculty of Law of Charles University in Prague.

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