Special Issue on the Margin of Appreciation

PluriCourts researchers have contributed to a special issue of The International Journal of Human Rights (Vol. 20(8))

"Is the margin of appreciation doctrine of the European Court of Human Rights (ECtHR) a promising model of deference by a regional human rights court towards democratic states? Or does this doctrine amount to an abdication by such courts from their proper tasks of pro- tecting human rights against violations by states? This special section contributes to the ongoing scholarly debate about the margin of appreciation doctrine, originally developed by the ECtHR. It also explores the emergence of similar doctrines of deference in human rights adjudication outside Europe. The four articles also raise issues relevant for a broader debate about legitimacy and effectiveness of international courts. The authors cover a number of courts, well-established as well as relatively young ones, operating in different legal and political contexts. It allows reflecting on common as well as court- specific reasons for exercising or avoiding deference."

Prof. Andreas Føllesdal and Dr. Nino Tsereteli introduce the special issue with a chapter on "The margin of appreciation in Europe and beyond." Tsetreteli further discusses whether there is an "emerging doctrine of deference the Inter-American Court of Human Rights". Postdoctoral fellow Amrei Müller adresses the "(d)omestic authorities' obligations to co-develop the rights of the European Convention on Human Rights, while postdoctoral fellow Matthew Saul writes on "Structuring evaluation of parliamentary processes by the European Court of Human Rights." The final paper by Prof. Andreas von Staden discusses "Subsidiarity, exhaustion of domestic remedies, and the margin of appreciation in the human rights jurisprudence of African sub-regional courts".

 

Acsess the special issue

Tags: Human Rights
Published Dec. 12, 2016 2:11 PM - Last modified Jan. 24, 2017 3:34 PM