Appreciating the Prisoner's Dilemma
23 Pages Posted: 9 Dec 2015
Date Written: December 8, 2015
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