The margin of appreciation in international human rights law : deference and proportionality /

International human rights courts accord their member states a margin of appreciation in relation to the implementation and interpretation of human rights law. This book argues that a degree of deference is justified - human rights inevitably look different from place to place.

Bibliographic Details
Main Author: Legg, Andrew, 1983-
Format: eBook
Language:English
Published: Oxford : Oxford University Press, 2012.
Series:Oxford monographs in international law.
Subjects:
Online Access:Connect to the full text of this electronic book
Table of Contents:
  • Introduction
  • Deference : reasoning differently on the basis of external factors
  • Different approaches to deference in international human rights law
  • Democracy and participation
  • Treaty interpretation, current state practice, and other international law influences on the practice of deference
  • Expertise and competence
  • Proportionality : determining rights
  • Nature of the right and type of case.