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: Petr Agha
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: Petr Agha
Publication date: 2019
Publisher: Hart Publishing
Format: Paperback 208 pages

Summary

Human Rights Between Law and Politics: The Margin of Appreciation in Post-National Contexts (Modern Studies in European Law) (ISBN-13: 9781509935734 and ISBN-10: 1509935738), written by authors Petr Agha, was published by Hart Publishing in 2019. With an overall rating of 4.5 stars, it's a notable title among other Human Rights (Constitutional Law, Comparative, Legal Theory & Systems) books. You can easily purchase or rent Human Rights Between Law and Politics: The Margin of Appreciation in Post-National Contexts (Modern Studies in European Law) (Paperback) from BooksRun, along with many other new and used Human Rights books and textbooks. And, if you're looking to sell your copy, our current buyback offer is $0.3.

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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