Margin of Appreciation and Incrementalism in the Case Law of the European Court of Human Rights
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DOI: 10.1093/hrlr/ngy017
Abstract: Fundamental rights standards in Europe diverge as a result of differences in legal traditions, constitutional values and historical developments. The European Court of Human Rights therefore faces the challenge of having to balance the need… read more here.
Keywords: margin appreciation; incrementalism; court; human rights ... See more keywords
Subsidiarity, margin of appreciation and international adjudication within a cooperative conception of human rights
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DOI: 10.1093/icon/mox035
Abstract: The projected inclusion of the subsidiarity principle and the margin of appreciation doctrine in the preamble to the European Convention on Human Rights (ECHR) is a legal turn that deserves special attention. Is it a… read more here.
Keywords: margin appreciation; adjudication; subsidiarity; human rights ... See more keywords