Jump to ContentJump to Main Navigation
The Margin of Appreciation in International Human Rights LawDeference and Proportionality$
Users without a subscription are not able to see the full content.

Andrew Legg

Print publication date: 2012

Print ISBN-13: 9780199650453

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199650453.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 01 December 2021

Expertise and Competence

Expertise and Competence

(p.145) 6 Expertise and Competence
The Margin of Appreciation in International Human Rights Law

Andrew Legg

Oxford University Press

Giving a margin of appreciation to states on the basis of superior knowledge or expertise of local authorities is the least controversial factor. Some commentators argue that giving weight to expertise involves courts abdicating the task of decision making. This is mistaken. Expert opinion is commonly considered and assessed as part of the court's process of reaching judgment. Instead, more or less deference is given to expertise. Common grounds for deference on the basis of expertise and competence include national security, child protection, health care, education, policing and civil servants, and the economy. Stricter scrutiny is often the result of the court's own expertise, in such areas as legal procedures, length of proceedings and legal interpretation.

Keywords:   epistemology, expertise, national security, child protection, health care, education, policing, civil servants, the economy, legal procedures

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .