Description
Human Rights Between Law and Politics
The Margin of Appreciation in Post-National Contexts
Modern Studies in European Law Series
Author: AGHA Petr
Language: EnglishSubjects for Human Rights Between Law and Politics :
Publication date: 09-2017
192 p. · Hardback
192 p. · Hardback
Description
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/li>Biography
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This book analyses human rights in post-national contexts and
demonstrates, through the case law of the European Court of Human Rights,
that the Margin of Appreciation doctrine is an essential part of human
rights adjudication.
Current approaches have tended to stress the instrumental value of the Margin of Appreciation, or to give it a complementary role within the principle of proportionality, while others have been wholly critical of it. In contradiction to these approaches this volume shows that the doctrine is a genuinely normative principle capable of balancing conflicting values. It explores to what extent the tension between human rights and politics, embodied in the doctrine, might be understood as a mutually reinforcing interplay of variables rather than an entrenched separation. By linking the interpretation of the Margin of Appreciation doctrine to a broader conception of human rights, understood as complex political and moral norms, this volume argues that the doctrine can assist in the formulation of the common good in light of the requirements of the Convention.
Current approaches have tended to stress the instrumental value of the Margin of Appreciation, or to give it a complementary role within the principle of proportionality, while others have been wholly critical of it. In contradiction to these approaches this volume shows that the doctrine is a genuinely normative principle capable of balancing conflicting values. It explores to what extent the tension between human rights and politics, embodied in the doctrine, might be understood as a mutually reinforcing interplay of variables rather than an entrenched separation. By linking the interpretation of the Margin of Appreciation doctrine to a broader conception of human rights, understood as complex political and moral norms, this volume argues that the doctrine can assist in the formulation of the common good in light of the requirements of the Convention.
Academics within th fields of European law, constitutional and
administrative law an human rights
Petr Agha is Deputy Director of the Centre for Law and Public Affairs, Researcher at the
Institute of State and Law, Czech Academy of Sciences and Lecturer at the Faculty of
Law of Charles University in Prague
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