Abstract

http://ssrn.com/abstract=2094565
 


 



The Margin of Appreciation and the Jurisprudence of the European Court of Human Rights: Threat to the Rule of Law


Jeffrey A. Brauch


Regent University - School of Law

2005

Columbia Journal of European Law, Vol. 11, 2005

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.

Number of Pages in PDF File: 38

Keywords: Human Rights, European Court of Human Rights, margin of appreciation, rule of law, European consensus

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Date posted: June 27, 2012  

Suggested Citation

Brauch, Jeffrey A., The Margin of Appreciation and the Jurisprudence of the European Court of Human Rights: Threat to the Rule of Law (2005). Columbia Journal of European Law, Vol. 11, 2005. Available at SSRN: http://ssrn.com/abstract=2094565

Contact Information

Jeffrey A. Brauch (Contact Author)
Regent University - School of Law ( email )
Virginia Beach, VA 23464
United States
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