Jump to ContentJump to Main Navigation
A Theory of Interpretation of the European Convention on Human Rights$
Users without a subscription are not able to see the full content.

George Letsas

Print publication date: 2007

Print ISBN-13: 9780199203437

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199203437.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 22 April 2019

Public Morals, Consensus, and Rights Inflation: A Critique

Public Morals, Consensus, and Rights Inflation: A Critique

Chapter:
(p.120) 6 Public Morals, Consensus, and Rights Inflation: A Critique
Source:
A Theory of Interpretation of the European Convention on Human Rights
Author(s):

George Letsas

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199203437.003.0007

This chapter looks at three areas of the European Court's case law in which the structural concept of the margin of appreciation has been used. The first includes cases in which the European Court has interpreted public morals as a justified ground for restricting rights, balancing the applicant's right against conventional morality. The second includes cases in which the Court refrained from finding a violation, on the grounds that the legal issue before it is either politically sensitive at domestic level or controversial amongst contracting states. The third area refers to cases where the Court took protection of welfare interests, like the interest in sleep, to fall within the ambit of the ECHR, asking itself whether interference with these rights has been proportionate. It is argued that the Court's reasoning in these three strands of the case law is not supported by liberal egalitarian principles upon which the ECHR rights are founded.

Keywords:   public morals, consensus, inflation of rights, consequentialism, moralism

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .