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The Margin of Appreciation in International Human Rights Law
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The Margin of Appreciation in International Human Rights Law: Deference and Proportionality

Andrew Legg

Abstract

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 includ ... More

Keywords: margin of appreciation, proportionality, deference, human rights, international law, international human rights law, European Court of Human Rights

Bibliographic Information

Print publication date: 2012 Print ISBN-13: 9780199650453
Published to Oxford Scholarship Online: September 2012 DOI:10.1093/acprof:oso/9780199650453.001.0001

Authors

Affiliations are at time of print publication.

Andrew Legg, author
Barrister of Lincoln's Inn; Member of Essex Court Chambers, London

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