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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: 9781849468657

Published In: August 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509935734

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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