9781509935734-1509935738-Human Rights Between Law and Politics: The Margin of Appreciation in Post-National Contexts (Modern Studies in European Law)

Human Rights Between Law and Politics: The Margin of Appreciation in Post-National Contexts (Modern Studies in European Law)

ISBN-13: 9781509935734
ISBN-10: 1509935738
Edition: Reprint
Author: Agha, Petr
Publication date: 2019
Publisher: Hart Publishing
Format: Paperback 208 pages
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Book details

ISBN-13: 9781509935734
ISBN-10: 1509935738
Edition: Reprint
Author: Agha, Petr
Publication date: 2019
Publisher: Hart Publishing
Format: Paperback 208 pages

Summary

Acknowledged authors Agha, Petr wrote Human Rights Between Law and Politics: The Margin of Appreciation in Post-National Contexts (Modern Studies in European Law) comprising 208 pages back in 2019. Textbook and eTextbook are published under ISBN 1509935738 and 9781509935734. Since then Human Rights Between Law and Politics: The Margin of Appreciation in Post-National Contexts (Modern Studies in European Law) textbook was available to sell back to BooksRun online for the top buyback price or rent at the marketplace.

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.

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