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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

Author: Petr Agha
Publisher: Hart Publishing
ISBN: 9781509935734

Published In: December 2019
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849468657

List Price: RMB 411.73

RMB 399.37 Save RMB 12.36 (3%)

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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.

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 - Jirí Pribán

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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