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

Authors

  • Mr. Hidayat Ur Rehman
  • Dr. Syed Raza Shah Gilani
  • Mr. Abdus Samad Khan

Keywords:

Margin of Appreciation, subsidiarity, proportionality, freedom of expression.

Abstract

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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Author Biographies

Mr. Hidayat Ur Rehman

Assistant Professor at the Department of Law, Abdul Wali Khan University Mardan, Pakistan.

Dr. Syed Raza Shah Gilani

Assistant Professor at the Department of Law, Abdul Wali Khan University Mardan, Pakistan and Assistant Editor, Journal of Islamic State Practices in International Law.

Mr. Abdus Samad Khan

Assistant Professor at the Department of Law, Abdul Wali Khan University Mardan, Pakistan.

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Published

2021-01-14

How to Cite

Mr. Hidayat Ur Rehman, Dr. Syed Raza Shah Gilani, and Mr. Abdus Samad Khan. “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”. Journal of European Studies (JES) 37, no. 1 (January 14, 2021): 1–14. Accessed April 13, 2024. https://asce-uok.edu.pk/journal/index.php/JES/article/view/164.