Margin of Appreciation in UK Law
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Positive subsidiarity and its implications for the margin of appreciation doctrine
The article presents an argument in favour of a richer theory of subsidiarity in the European Court of Human Rights context. In particular, the proposal is to include what is called a ‘positive’ di...
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The Inflation of the Margin of Appreciation by the European Court of Human Rights
The doctrine of the margin of appreciation, despite being repeatedly used by the European Court of Human Rights, is still to some extent mysterious. Given the doctrine's ambiguity, this article fir...
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The Margin of Appreciation Doctrine in the Jurisprudence of Article 8 of the European Convention on Human Rights
The margin of appreciation is a measure of discretion allowed to the Member States in the manner that they implement the standards of the European Convention on Human Rights, taking into account th...
- The Right to Protest, the Human Rights Act and the Margin of Appreciation
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The pathologisation of trans* persons in the ECtHR’s case law on legal gender recognition
The European Court of Human Rights is the human rights monitoring body that has dealt with the largest number of cases related to gender identity and trans* persons. In this regard, it has recognis...... @media screen{}@media print{@page {margin ... However, Contracting States were given a wide margin of appreciation to set conditions for the legal recognition of a person’s actual gender ... ...
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Towards the Control of Private Acts by the European Court of Human Rights?
This contribution critically analyzes the current approach by the European Court of Human Rights to the applicability of fundamental rights enshrined in the European Convention on Human Rights to p...... @media screen{}@media print{@page {margin ... and, in particular, the role of the doctrine of ‘margin of appreciation’ in limiting the control of private acts by the Court as to their ... ...
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The European Court of Human Rights and austerity measures in the Eurozone: an ally against human rights violations or merely a bystander?
The 2008 financial crisis created a domino effect that affected national economies around the globe, forcing many to adopt severe austerity measures. This paper, using four Eurozone countries (Gree...... ... the ECtHR’s stance on the matter by analysing the doctrines of margin of appreciation, subsidiarity and legitimacy. A brief comparison of the ... ...
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Religion in the Workplace: Eweida and Others v United Kingdom
The European Court of Human Rights judgment in Eweida and Others v United Kingdom dealt with the increasingly controversial questions of religious symbols at work and the clash between free conscie...... @media screen{}@media print{@page {margin ... However, it accorded a wide margin of appreciation to States in reconciling freedom of conscience and freedom from dis- ... ...
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Reproductive Health: Morals, Margins and Rights
Reproductive interventions and technologies have the capacity to generate profound societal unease and to provoke hostile reactions underpinned by various moral concerns. This paper shows that this...... @media screen{}@media print{@page {margin ... European Court of Human Rights, which allows the margin of appreciation and consensus doctrines significantly to limit the scope of reproductive ... ...
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Strasbourg, the House of Lords or Elected Politicians: Who decides about rights after Re P?
In Re P, the House of Lords decided that art 14 of the Adoption (Northern Ireland) Order 1987 which prohibited unmarried couples from being eligible to adopt, violated articles 8 and 14 of the Euro...... @media screen{}@media print{@page {margin ... determined that an issue falls within states’ mar gin of appreciation, this does not prev ent municipal courts from enforcing those rights.This ... ...
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