38 Pages Posted: 27 Jun 2012
Date Written: 2005
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.
Keywords: Human Rights, European Court of Human Rights, margin of appreciation, rule of law, European consensus
Suggested Citation: 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: https://ssrn.com/abstract=2094565
What's So Funny About Peace, Love, and Understanding? How the Margin of Appreciation Doctrine Preserves Core Human Rights within Cultural Diversity and Legitimises International Human Rights Tribunals
By Raluca David