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2005•SSRN Electronic JournalOpen access

The Margin of Appreciation and the Jurisprudence of the European Court of Human Rights: Threat to the Rule of Law

Jeffrey A. Brauch

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Abstract

The European Court of Human Rights has increasingly relied on the margin of appreciation as a tool for interpreting the European Convention for the Protection of Human Rights and Fundamental Freedoms. The article describes the history and development of this doctrine. It then illustrates why the doctrine endangers the rule of law - and to some degree the protection of human rights - in Europe.

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What this paper is about

The European Court of Human Rights has increasingly relied on the margin of appreciation as a tool for interpreting the European Convention for the Protection of Human Rights and Fundamental Freedoms. The article describes the history and development of this doctrine. It then illustrates why the doctrine endangers the rule of law - and to some degree the protection of human rights - in Europe.

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OpenAlex reports 104 citations for this work. Citation counts describe recorded attention and do not establish research quality.

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Available abstract

The European Court of Human Rights has increasingly relied on the margin of appreciation as a tool for interpreting the European Convention for the Protection of Human Rights and Fundamental Freedoms. The article describes the history and development of this doctrine. It then illustrates why the doctrine endangers the rule of law - and to some degree the protection of human rights - in Europe.

Key concepts: Margin of appreciation, Law, Jurisprudence, Human rights, Political science, Doctrine, Convention, International human rights law

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