The Margin of Appreciation in International Human Rights Law: Deference and Proportionality

The Margin of Appreciation in International Human Rights Law: Deference and Proportionality

by Andrew Legg


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Product Details

ISBN-13: 9780199650453
Publisher: Oxford University Press
Publication date: 09/07/2012
Pages: 276
Product dimensions: 6.00(w) x 9.30(h) x 0.90(d)

About the Author

Andrew Legg is a barrister practising from Essex Court Chambers in London. He has a broad commercial practice and a particular interest in public international law and human rights. Andrew holds a doctorate from the University of Oxford, where he taught law for four years and lectured on the European Human Rights Law course.

Table of Contents

1: Introduction
Part One - Theory: Conceptualizing And Justifying The Margin Of Appreciation
2: Deference: Reasoning Differently On The Basis Of External Factors
3: Different Approaches To Deference In International Human Rights Law
Part Two - Practice: Factors Affecting The Margin Of Appreciation
4: Democracy And Participation
5: Treaty Interpretation, Current State Practice And Other International Law Influences On The Practice Of Deference
6: Expertise And Competence
Part Three - The Structure Of Human Rights Adjudication: The Margin Of Appreciation And Proportionality
7: Proportionality: Determining Rights
8: Nature Of The Right And Type Of Case
9: Concluding Remarks
1. Introduction
2. Deference: reasoning differently on the basis of external factors
3. Different approaches to deference in international human rights law
4. Democracy and participation
5. Treaty interpretation, current state practice, and other international law influences
6. Expertise and competence
7. Proportionality
8. Nature of the case and type of right
9. Concluding remarks

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