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Human Rights Between Law and Politics

The Margin of Appreciation in Post-National Contexts

Editor(s): Petr Agha
Media of Human Rights Between Law and Politics
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Published: 24-08-2017
Format: Hardback
Edition: 1st
Extent: 208
ISBN: 9781849468657
Imprint: Hart Publishing
Series: Modern Studies in European Law
Dimensions: 234 x 156 mm
RRP: £60.00
 

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About Human Rights Between Law and Politics

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.

Table Of Contents

Introduction
Petr Agha
1. Universalism and Relativism in the Protection of Human Rights in Europe: Politics, Law and Culture
Steven Greer
2. On the Varieties of Universalism in Human Rights Discourse
Ben Golder
3. When Human Rights Clash in 'the Age of Subsidiarity': What Role for the Margin of Appreciation?
Stijn Smet
4. The Margin of Appreciation as an Underenforcement Doctrine
Dimitrios Tsarapatsanis
5. Anything to Appreciate?: A Sociological View of the Margin of Rights and the Persuasive Force of Their Doctrines
Jirí Pribán
6. The Prisoner's Dilemma: The Margin of Appreciation as Proportionality or Recognition?
Marco Goldoni and Pablo Marshall
7. Social Sensitivity, Consensus and the Margin of Appreciation
Nicholas Bamforth
8. Religious Rights and the Margin of Appreciation
Dominic McGoldrick
9. The Paradox of Human Rights and the Role of the European Court of Human Rights in Keeping it Alive
Petr Agha

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