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Human Rights Between Law and Politics. The Margin of Appreciation in Post-National Contexts

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    SYSNO ASEP0478679
    Document TypeM - Monograph Chapter
    R&D Document TypeMonograph Chapter
    TitleThe Paradox of Human Rights and the Role of the European Court of Human Rights in Keeping it Alive
    Author(s) Agha, Petr (USP-I) ORCID
    Source TitleHuman Rights Between Law and Politics. The Margin of Appreciation in Post-National Contexts. - Oxford : Hart Publishing, 2017 / Agha Petr - ISBN 978-1-84946-865-7
    Pagess. 169-184
    Number of pages16 s.
    Number of pages208
    Publication formPrint - P
    Languageeng - English
    CountryGB - United Kingdom
    Keywordshuman rights ; European Court of Human Rights ; Margin of Appreciation Doctrine
    Subject RIVAG - Legal Sciences
    OECD categoryLaw
    R&D ProjectsGA13-30299S GA ČR - Czech Science Foundation (CSF)
    Institutional supportUSP-I - RVO:68378122
    AnnotationThis chapter 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 chapter 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 chapter e argues that the doctrine can assist in the formulation of the common good in light of the requirements of the Convention.
    WorkplaceInstitute of State and Law
    ContactIveta Bůžková, iveta.buzkova@ilaw.cas.cz, Tel.: 221 990 714
    Year of Publishing2018
Number of the records: 1  

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