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

38 Pages Posted: 27 Jun 2012  

Jeffrey A. Brauch

Regent University - School of Law

Date Written: 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.

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

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

Jeffrey A. Brauch (Contact Author)

Regent University - School of Law ( email )

1000 Regent University Drive
Virginia Beach, VA 23464
United States

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