Appreciating the Prisoner's Dilemma
23 Pages Posted: 9 Dec 2015
Date Written: December 8, 2015
Abstract
This article reconstructs the question of prisoners voting rights with a view to show the narrow understanding of the right to vote by legal and political institutions. Hence, it puts forward a strong criticism of proportionality analysis (at least as used by courts in many jurisdictions) as an inappropriate method of legal reasoning for deciding on these cases.
Keywords: Prisoners rights; Hirst; Margin of Appreciation; Proportionality analysis; Recognition
JEL Classification: K10
Suggested Citation: Suggested Citation
Goldoni, Marco and Marshall, Pablo, Appreciating the Prisoner's Dilemma (December 8, 2015). Available at SSRN: https://ssrn.com/abstract=2700714 or http://dx.doi.org/10.2139/ssrn.2700714
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