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

Oxford : Oxford University Press, 2012.

1st edition

81462

Human rights.

Judicial discretion.

1. Part I. 2. 3. Part II. 4. 5. 6. Part III. 7. 8. 9. Introduction

Theory : conceptualizing and justifying the margin of appreciation

Deference : reasoning differently on the basis of external factors

Different approaches to deference in international human rights law

Practice : factors affecting the margin of appreciation

Democracy and participation

Treaty interpretation, current state practice, and other international law influences on the practice of deference

Expertise and competence

The structure of human rights and adjudication : the margin of appreciation and proportionality

Propotionality : determining rights

Nature of the right and type of case

Concluding remarks.

Table of contents and index are taken from the published work with the permission of the publisher.

Includes bibliographical references and index.

9780199650453

xxv, 232 p. ; 24 cm