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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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Concluding Remarks

Concluding Remarks

Chapter:
(p.219) 9 Concluding Remarks
Source:
The Margin of Appreciation in International Human Rights Law
Author(s):

Andrew Legg

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199650453.003.0009

This book addresses the question: is the way in which the margin of appreciation operates justified? This chapter draws together the various strands addressing this question from the previous chapters, resulting in a coherent defence of the doctrine. It analyses the case of A, B, and C v Ireland (about abortion) in the European Court of Human Rights through the arguments of the previous chapters. It also discusses a final criticism of the margin of appreciation, namely whether it is wrongly labelled and involves an unhelpful spatial metaphor. It argues that more important than the terminology is a clear understanding of what deference or the margin of appreciation involves.

Keywords:   margin of appreciation, deference, proportionality, abortion, labels

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