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

(Hardback)


Publishing Details

Full Title:

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

Contributors:

By (Author) Petr Agha

ISBN:

9781849468657

Publisher:

Bloomsbury Publishing PLC

Imprint:

Hart Publishing

Publication Date:

24th August 2017

Country:

United Kingdom

Classifications

Readership:

Professional and Scholarly

Fiction/Non-fiction:

Non Fiction

Other Subjects:

Law: Human rights and civil liberties

Dewey:

342.24085

Physical Properties

Physical Format:

Hardback

Number of Pages:

208

Dimensions:

Width 156mm, Height 234mm

Weight:

472g

Description

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.

Author Bio

Petr Agha is Deputy Director of the Centre for Law and Public Affairs, Researcher at the Institute of State and Law, Czech Academy of Sciences and Senior Lecturer at the Faculty of Law of Charles University in Prague.

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