Jump to ContentJump to Main Navigation
Human Rights: Moral or Political?$
Users without a subscription are not able to see the full content.

Adam Etinson

Print publication date: 2018

Print ISBN-13: 9780198713258

Published to Oxford Scholarship Online: April 2018

DOI: 10.1093/oso/9780198713258.001.0001

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: 23 January 2022

Appreciating the Margin of Appreciation

Appreciating the Margin of Appreciation

Chapter:
(p.269) 8 Appreciating the Margin of Appreciation
Source:
Human Rights: Moral or Political?
Author(s):

Andreas Follesdal

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198713258.003.0017

The European Court of Human Rights (ECtHR) has a practice of granting states a ‘Margin of Appreciation:’ the Court grants states the authority to decide, in some cases, whether they are in compliance with their obligations under the European Convention on Human Rights. This deference by the ECtHR toward states merits philosophical attention: it is criticized by some for being too respectful of state sovereignty and insufficiently protective of human rights, and by others for the reverse. In addition, the ECtHR seems to be employing this practice more frequently. What precisely is this practice, why did it arise, and is it—or can it be made—normatively legitimate? The chapter seeks to specify some vague aspects of the practice, in light of a justification for the legal practice which acknowledges the value of democratic deliberation.

Keywords:   margin of appreciation, European Court of Human Rights, European human rights law, democratic theory

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 .