Contextual Analyses of “The Doctrine of a Margin of Appreciation” in the Frameworks of the European Court of Human Rights and the British Legal System
Keywords:Margin of Appreciation, subsidiarity, proportionality, freedom of expression.
The European Convention on Human Rights (ECHR) adopted the approach of “Margin of Appreciation”, to keep the Human Rights concept intact throughout the Europe; a tool which is coping well with the issue of diversity. This article examines the rationalization of the doctrine “margin of appreciation” in the framework of “The European Court of Human Rights” (ECtHR) and British Legal System. Furthermore, a critical analysis of the doctrine is undertaken to understand how it helps to develop, improve and enhance the universal concept of human rights while maintaining the diverse nature of independent states. Hence, the research explains the extent of the “Margin of Appreciation” given to states by the ECHR.
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