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Margin of appreciation in international human rights law : deference and proportionality / Andrew Legg.

By: Material type: TextSeries: Oxford monographs in international lawPublication details: Oxford, U.K. : Oxford University Press, 2012.Edition: 1st edDescription: xxv, 232 pages ; 24 cmISBN:
  • 9780199650453
  • 0199650454
Subject(s): LOC classification:
  • K3240 .L44 2012
Contents:
Introduction -- Deference : reasoning differently on the basis of external factors -- Different approaches to deference in international human rights law -- Democracy and participation -- Treaty interpretation, current state practice, and other international law influences on the practice of deference -- Expertise and competence -- Proportionality : determining rights -- Nature of the right and type of case.
International human rights courts accord their member states a margin of appreciation in relation to the implementation and interpretation of human rights law. This book argues that a degree of deference is justified - human rights inevitably look different from place to place.
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Books African Court on Human and Peoples' Rights Library K3240 .L44 2012 (Browse shelf(Opens below)) Available 10187995

Includes bibliographical references (pages 226-230) and index.

Introduction -- Deference : reasoning differently on the basis of external factors -- Different approaches to deference in international human rights law -- Democracy and participation -- Treaty interpretation, current state practice, and other international law influences on the practice of deference -- Expertise and competence -- Proportionality : determining rights -- Nature of the right and type of case.

International human rights courts accord their member states a margin of appreciation in relation to the implementation and interpretation of human rights law. This book argues that a degree of deference is justified - human rights inevitably look different from place to place.

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