The Margin of Appreciation in International Human Rights Law : Deference and Proportionality


Andrew. Legg
Bok Engelsk 2012 · Electronic books.
Annen tittel
Utgitt
Oxford : : Oxford University Press, , 2012.
Omfang
1 online resource (594 p.)
Opplysninger
Description based upon print version of record.. - Cover Page; Copyright Page; Dedication; Preface; General Editors ' Preface; Contents; Table of Cases; Table of Treaties and Legislation; List of Abbreviations; Title Page; 1. Introduction; 1. The margin of appreciation in the ECtHR, IACtHR, and the UN HRC 3; 2. Book structure; 3. Approach; Part I-Theory: Conceptualizing and Justifying the Margin of Appreciation; 2. Deference: Reasoning Differently on the Basis of External Factors; 1. Introduction; 2. Assigning weight differently on the basis of external factors; 3. Deference on the basis of external factors; 4. Types of reason for deference. - 2. Theories of judicial review and the justification of the margin of appreciation for democratic reasons3. The contribution of the Tribunals to theories of democracy in international law; 4. Democratic legitimacy as an external factor for the margin of appreciation in practice; a. European Court of Human Rights (ECtHR); b. Inter-American Court of Human Rights (IACtHR); c. United Nations Human Rights Committee (UN HRC); d. Giving state legislatures time to change the law; 5. Cases in which democratic legitimacy is a factor in favour of granting the state a margin of appreciation. - 5. Treaty Interpretation, Current State Practice, and Other International Law Influences on the Practice of Deference. - a. Conflicting private rights: testing the choice of the legislatureb. Conflicting personal-public freedoms: questions of moral or political controversy; 6. Cases in which democratic legitimacy issues heighten scrutiny; a. Democratic rights: the example of electoral participation; b. Minorities and vulnerable groups; c. A lack of societal/parliamentary debate; d. The application of legal formulae where the provisions are too broad-brush; e. Other rule of law concerns; 7. Conclusion. - a. Relationships and comityb. Epistemic limitations and expertise; 5. Cases that demonstrate this approach in practice; a. European Court of Human Rights (ECtHR); b. Inter-American Court of Human Rights (IACtHR); c. United Nations Human Rights Committee (UN HRC); 6. Conclusion; 3. Different Approaches to Deference in International Human Rights Law; 1. Introduction; 2. The margin of appreciation and relativism about human rights; a. The meaning of universality in moral discourse; b. Moral universality and the margin of appreciation; c. Legal rights that implement moral rights. - d. Legal orders and comparisonse. The margin of appreciation and relativism in practice; f. Summary; 3. Critiques of deference; a. The 'one right answer' thesis; b. Harmonization and integration; c. Supporting case law; d. Summary; 4. Justifying the margin of appreciation; a. The Tribunals as forums for the contestation of sovereignty; b. Deference and subsidiarity; c. Views of commentators; d. The practice of the Tribunals; e. Summary; 5. Conclusion; Part II- Practice: Factors Affecting the Margin of Appreciation; 4. Democracy and Participation; 1. Introduction. - The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is at the heart of some of the most important international human rights decisions. Does it undermine the universality of human rights? How should judges decide whether to give this margin of appreciation to states? How can lawyers make best use of arguments for or against the margin ofappreciation?This book answers these questions, and broadens the discussion on the margin of appreciation by includin
Emner
Sjanger
Geografisk emneord
Europa : (NO-TrBIB)HUME02153
Dewey
341.48 . - 341
ISBN
9780199650453

Bibliotek som har denne