Citation

Nigro R. Hum. Rights Rev. 2010; 11(4): 531-564.

Copyright

(Copyright © 2010, Holtzbrinck Springer Nature Publishing Group)

DOI

10.1007/s12142-010-0161-z

PMID

unavailable

Abstract

IntroductionIn its judicial activity, the European Court of Human Rights increasingly resorts to the margin of appreciation doctrine as a means of granting States the discretionary power to adopt, both positive steps to comply with the European Convention on Human Rights and steps which, although interfering with some of the rights and freedoms sanctioned by it, are considered to be justifiable because they are necessary to preserve public order and/or to protect the rights and freedoms of others in a democratic society. However, the margin of appreciation doctrine does not appear in the text of the European Convention or in its drafting history.See (Yourow 1998); and by the same author The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence, The Hague, 1996, pp. 14-15. The European Court was the first international jurisdictional organ to apply the margin of appreciation doctrine, whose roots can be traced back to the jurisprudence of the French Coun...

Language: en