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The Margin of Appreciation in International Human Rights LawDeference and Proportionality$
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Andrew Legg

Print publication date: 2012

Print ISBN-13: 9780199650453

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199650453.001.0001

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Expertise and Competence

Expertise and Competence

Chapter:
(p.145) 6 Expertise and Competence
Source:
The Margin of Appreciation in International Human Rights Law
Author(s):

Andrew Legg

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199650453.003.0006

Giving a margin of appreciation to states on the basis of superior knowledge or expertise of local authorities is the least controversial factor. Some commentators argue that giving weight to expertise involves courts abdicating the task of decision making. This is mistaken. Expert opinion is commonly considered and assessed as part of the court's process of reaching judgment. Instead, more or less deference is given to expertise. Common grounds for deference on the basis of expertise and competence include national security, child protection, health care, education, policing and civil servants, and the economy. Stricter scrutiny is often the result of the court's own expertise, in such areas as legal procedures, length of proceedings and legal interpretation.

Keywords:   epistemology, expertise, national security, child protection, health care, education, policing, civil servants, the economy, legal procedures

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