The Margin of Appreciation and the Jurisprudence of the European Court of Human Rights: Threat to the Rule of Law
Year: 2005
Type: preprint
Abstract: The European Court of Human Rights has increasingly relied on the margin of appreciation as a tool for interpreting the European Convention for the Protection of Human Rights and Fundamental Freedoms. The article describes the history and development of this doctrine. It then illustrates why the doctrine endangers the rule of law - and to some degree the protection of human rights - in Europe.
Source: SSRN Electronic Journal
Author: Jeffrey A. Brauch
Institution: Regent University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W1742543850