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The Margin Of Appreciation Doctrine In The Dynamics Of European Human Rights Jurisprudence
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Book Synopsis The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence by : Howard Charles Yourow
Download or read book The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence written by Howard Charles Yourow and published by BRILL. This book was released on 2021-09-27 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence by : Howard C. Yourow
Download or read book The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence written by Howard C. Yourow and published by Martinus Nijhoff Publishers. This book was released on 1996-06-25 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of Law.
Book Synopsis The Margin of Appreciation by : Steven C. Greer
Download or read book The Margin of Appreciation written by Steven C. Greer and published by Council of Europe. This book was released on 2000-01-01 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term 'margin of appreciation' has been used for some time to refer to the room for manoeuvre that the Strasbourg institutions are prepared to accord national authorities in fulfilling some of their principal obligations under the European Convention for Human Rights. This document proposes how the meaning of the term may be given greater clarity, coherence and consistency.
Book Synopsis The Margin of Appreciation Doctrine and the Principle of Proportionality in the Jurisprudence of the ECHR by : Yutaka Arai-Takahashi
Download or read book The Margin of Appreciation Doctrine and the Principle of Proportionality in the Jurisprudence of the ECHR written by Yutaka Arai-Takahashi and published by Intersentia nv. This book was released on 2002 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: 5.2.3. Burden of Proof
Book Synopsis Human Rights Between Law and Politics by : Petr Agha
Download or read book Human Rights Between Law and Politics written by Petr Agha and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The European Convention for the Protection of Human Rights by : Mireille Delmas-Marty
Download or read book The European Convention for the Protection of Human Rights written by Mireille Delmas-Marty and published by BRILL. This book was released on 2021-10-25 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reason of State plays an important role under the European Convention for the Protection of Human Rights and Fundamental Freedoms. Not only does Article 15 authorize States to take measures derogating from their obligations under the Convention `in time of war or other public emergency, threatening the life of the nation'; most of the rights and liberties defined in the Convention are subject to escape clauses as well. This book demonstrates first that the `system' of the Convention is much more ambiguous than could have been expected. Secondly, it shows, on the basis of study carried out in most of the Member States of the Council of Europe, that a certain resistance exists to the Convention. Neither the ambiguity of the European system, nor the resistance of States to the system must be overlooked. These should not, however, conceal the dynamics of the Europe/States relationship which could well lead to a more `reasoned' conception of the reason of State. Has a `Europe of human rights' begun to develop through the complex interplay of national and European norms? This is the question raised in this fascinating book. Mireille Delmas-Marty is professor of Law at the Université de Paris 1 (Panthéon -- Sorbonne) and Director of the Section de Sciences Criminelles of the Institute of Comparative Law in Paris.
Book Synopsis Constituting Europe by : Andreas Føllesdal
Download or read book Constituting Europe written by Andreas Føllesdal and published by . This book was released on 2013 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of the European Court of Human Rights at the national, European and international levels.
Book Synopsis The Margin of Appreciation in International Human Rights Law by : Andrew Legg
Download or read book The Margin of Appreciation in International Human Rights Law written by Andrew Legg and published by OUP Oxford. This book was released on 2012-07-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is at the heart of some of the most important international human rights decisions. Does it undermine the universality of human rights? How should judges decide whether to give this margin of appreciation to states? How can lawyers make best use of arguments for or against the margin of appreciation? This book answers these questions, and broadens the discussion on the margin of appreciation by including material beyond the ECHR system. It provides a comprehensive justification of the doctrine, and ALLFSCA14I the key cases affecting the doctrine in practice. Part One provides a systematic defence of the margin of appreciation doctrine in international human rights law. Drawing on the philosophy of practical reasoning the book argues that the margin of appreciation is a doctrine of judicial deference and is a common and appropriate feature of adjudication. The book argues that the margin of appreciation doctrine prevents courts from imposing unhelpful uniformity, whilst allowing decisions to be consistent with the universality of human rights. Part Two considers the key case law of the European Court of Human Rights, the Inter-American Court of Human Rights, and the UN Human Rights Committee, documenting the margin of appreciation in practice. The analysis uniquely takes a broad look at the factors affecting the margin of appreciation. Part Three explores how the margin of appreciation operates in the judicial decision-making process, reconceptualising the proportionality assessment and explaining how the nature of the right and the type of case affect the courts' reasoning.
Book Synopsis The European Court of Human Rights and the Freedom of Religion or Belief by : Jeroen Temperman
Download or read book The European Court of Human Rights and the Freedom of Religion or Belief written by Jeroen Temperman and published by BRILL. This book was released on 2019-01-04 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights and the Freedom of Religion or Belief is the first systematic analyis of the Court's first twenty-five years of jurisprudence on one of the most hotly contested areas of human rights.
Book Synopsis The Inter-American Court of Human Rights by : Scott Davidson
Download or read book The Inter-American Court of Human Rights written by Scott Davidson and published by Dartmouth Publishing Company. This book was released on 1992 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes and analyzes the structure, procedure, practice and emerging jurisprudence of the Inter-American Court of Human Rights. The form and functions of the Court are considered in the context of the Inter-American system as a whole, and the development of its contentious and advisory jurisdictions is discussed in detail. Particular attention is devoted to the Court's present contribution to the corpus of international human rights law, in which parallels are drawn with other analogous institutions where appropriate. Finally, an attempt is made to identify the ideological assumptions which influence the Court's emerging jurisprudence and an assessment is made of the Court's future prospects. While the structure of the court and its jurisprudence lie broadly within traditional concepts of international human rights law, there are certain distinctive features which emanate from the geo-political and socio-economic context within which the Court functions. These factors are considered as an integral part of the work.
Author :European Commission for Democracy through Law Publisher :Council of Europe ISBN 13 :9789287171344 Total Pages :236 pages Book Rating :4.1/5 (713 download)
Book Synopsis Definition and Development of Human Rights and Popular Sovereignty in Europe by : European Commission for Democracy through Law
Download or read book Definition and Development of Human Rights and Popular Sovereignty in Europe written by European Commission for Democracy through Law and published by Council of Europe. This book was released on 2011-01-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?
Book Synopsis The Constitutional Relevance of the ECHR in Domestic and European Law by : Giorgio Repetto
Download or read book The Constitutional Relevance of the ECHR in Domestic and European Law written by Giorgio Repetto and published by Intersentia Uitgevers N V. This book was released on 2013 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the European Convention on Human Rights (ECHR) gained unexpected relevance in the European constitutional culture. On the one hand, its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights' reputation vis-a-vis the Member States. On the other hand, and even more importantly, the ECHR's significance arises from a changing perception of its constitutional potential. Starting with the assumption that the ECHR is transforming the European constitutional landscape, this book shows that the European Convention raises unprecedented problems that involve, first of all, its own theoretical status as constitutional instrument that ensures the protection of human rights in Europe. Changing paradigms concerning its incorporation in domestic law, as well as the growing conflicts about the protection of some rights and liberties that are deeply rooted in national legal contexts (such as teaching of religion, bio law, and rights of political minorities), are jointly examined in order to offer a unified methodology for the study of European constitutional law centered upon human rights. For a detailed analysis of these issues, the book examines the different facets of the ECHR's constitutional relevance by separating the ECHR's role as a 'factor of Europeanization' for national constitutional systems (Part I) from its role as a veritable European transnational constitution in the field of human rights (Part II). Written for legal scholars focusing on the emerging trends of European and transnational constitutional law, the book investigates the basic tenets of the role of the ECHR as a cornerstone of European constitutionalism.
Book Synopsis The Principle of Subsidiarity and the Margin of Appreciation Doctrine in the European Court of Human Rights' Post-2011 Jurisprudence by : Gabriel Füglistaler
Download or read book The Principle of Subsidiarity and the Margin of Appreciation Doctrine in the European Court of Human Rights' Post-2011 Jurisprudence written by Gabriel Füglistaler and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Human Rights and Islamic Law by : Mashood A. Baderin
Download or read book International Human Rights and Islamic Law written by Mashood A. Baderin and published by OUP Oxford. This book was released on 2003-09-11 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the important question of whether or not international human rights and Islamic law are compatible. It asks whether Muslim States can comply with international human rights law whilst adhering to Islamic law. The traditional arguments on this subject are examined and responded to from both international human rights and Islamic legal perspectives. The volume engages international human rights law in theoretical dialogue with Islamic law, facilitating an evaluation of the human rights policy of modern Muslim States. International Human Rights and Islamic Law formulates a synthesis between these two extremes, and argues that although there are differences of scope and application, there is no fundamental incompatibility between these two bodies of law. Baderin argues that their differences could be better addressed if the concept of human rights were positively established from within the themes of Islamic law, rather than by imposing it upon Islamic law as an alien concept. Each article of the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, as well as relevant articles of the Convention on the Elimination of All Forms of Discrimination against Women are analysed in the light of Islamic law. The volume concludes that it is possible to harmonise the differences between international human rights law and Islamic law through the adoption of the 'margin of appreciation' doctrine by international human rights treaty bodies and the utilization of the Islamic law doctrines of 'maqâsid al-sharî'ah' (the overall objective of Sharî'ah) and 'maslahah' (welfare) by Muslim States in their interpretation and application of Islamic law respectively. Baderin asserts that Islamic law can serve as an important vehicle for the guarantee and enforcement of international human rights law in the Muslim world, and the volume concludes with recommendations to that effect.
Book Synopsis UK Public Law and European Law by : Gordon Anthony
Download or read book UK Public Law and European Law written by Gordon Anthony and published by Hart Publishing. This book was released on 2002-05-11 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the dynamics of the process whereby UK courts borrow principle and practice from European law.
Book Synopsis A Theory of Interpretation of the European Convention on Human Rights by : George Letsas
Download or read book A Theory of Interpretation of the European Convention on Human Rights written by George Letsas and published by Oxford University Press, USA. This book was released on 2007-12-13 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of the European Convention on Human Rights aims at propounding an evaluative theory of interpretation for the Convention, and seeks to locate interpretive values within the history of the ECHR by surveying and analysing relevant judgements of the European Court of Human Rights.
Book Synopsis The European Court of Human Rights in the Post-Cold War Era by : James A. Sweeney
Download or read book The European Court of Human Rights in the Post-Cold War Era written by James A. Sweeney and published by Routledge. This book was released on 2013 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the case law of the European Court of Human Rights with particular reference to democratic transitions in Europe and the consequent enlargement of the European Convention system. The book analyses how the Court has responded to the difficult circumstances presented by the new Contracting Parties.
