Chapter

Concluding Remarks

Andrew Legg

in The Margin of Appreciation in International Human Rights Law

Published in print July 2012 | ISBN: 9780199650453
Published online September 2012 | e-ISBN: 9780191741173 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199650453.003.0009

Series: Oxford Monographs in International Law

Concluding Remarks

Show Summary Details

Preview

This book addresses the question: is the way in which the margin of appreciation operates justified? This chapter draws together the various strands addressing this question from the previous chapters, resulting in a coherent defence of the doctrine. It analyses the case of A, B, and C v Ireland (about abortion) in the European Court of Human Rights through the arguments of the previous chapters. It also discusses a final criticism of the margin of appreciation, namely whether it is wrongly labelled and involves an unhelpful spatial metaphor. It argues that more important than the terminology is a clear understanding of what deference or the margin of appreciation involves.

Keywords: margin of appreciation; deference; proportionality; abortion; labels

Chapter.  3730 words. 

Subjects: Public International Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.