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Record Nr. |
UNINA9910814649703321 |
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Titolo |
Human rights between law and politics : the margin of appreciation in post-national contexts / / Edited by Petr Agha |
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Pubbl/distr/stampa |
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Portland, Oregon : , : Hart Publishing, , 2017 |
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ISBN |
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1-78225-799-3 |
1-5099-0281-3 |
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Descrizione fisica |
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1 online resource (202 pages) |
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Collana |
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Modern studies in European law ; ; v. 76 |
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Disciplina |
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Soggetti |
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Human rights - Europe |
Human rights |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Note generali |
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Nota di bibliografia |
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Includes bibliographical references and index. |
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Nota di contenuto |
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Introduction -- Petr Agha -- 1. Universalism and Relativism in the Protection of Human Rights in Europe: Politics, Law and Culture -- Steven Greer -- 2. On the Varieties of Universalism in Human Rights Discourse -- Ben Golder -- 3. When Human Rights Clash in 'the Age of Subsidiarity': What Role for the Margin of Appreciation? -- Stijn Smet -- 4. The Margin of Appreciation as an Underenforcement Doctrine -- Dimitrios Tsarapatsanis -- 5. Anything to Appreciate?: A Sociological View of the Margin of Rights and the Persuasive Force of Their Doctrines -- Jirí Pribán -- 6. The Prisoner's Dilemma: The Margin of Appreciation as Proportionality or Recognition? -- Marco Goldoni and Pablo Marshall -- 7. Social Sensitivity, Consensus and the Margin of Appreciation -- Nicholas Bamforth -- 8. Religious Rights and the Margin of Appreciation -- Dominic McGoldrick -- 9. The Paradox of Human Rights and the Role of the European Court of Human Rights in Keeping it Alive -- Petr Agha |
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Sommario/riassunto |
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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 |
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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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