The European Court of Human Rights' Margin of Appreciation and National Parliaments
In this seminar Postdoctoral Fellow Matthew William Saul will present his paper addressing how the processes of national parliaments feature in the European Court of Human Rights' (ECtHR's) practice of affording states a margin of appreciation.
The analysis is centered on a collection of recent case law, including prominent cases such as Animal Defenders International v UK, and S.A.S v France, which have been associated with a deepening of the Court's concept of subsidiarity. A key argument is that the extent to which certain considerations and approaches are repeated across relevant case law makes it possible for a start to be made at outlining the framework that structures the Court's assessment of national parliamentary processes.
The MultiRights seminars are organised by the MultiRights project on the multi-level human rights judiciary. They provide a forum for discussions for researchers from various backgrounds, including law, philosophy and political science. The seminars take place on a regular basis on Tuesdays and are open for all.