Written with great clarity and cogently argued, Legg's book succinctly takes stock of the existing arguments for and against deference in judicial review beyond the state and provides ample empirical material from the three tribunals case-law to substantiate his claims. It will be an indispensable work for all students and scholars dealing with issues of deference and its operationalisation in international judicial practice, and can only be warmly recommended.

Andreas von Staden, Human Rights Law Review

Practitioners as well as academics involved in international law will appreciate and no doubt profit from this erudite and closely argued examination of the complexities of margin of appreciation.

Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

Legg's book is a welcome addition to the margin of appreciation debate, shedding light on this doctrine through the prism of notions of deference and practical reasoning.

Marjan Ajevski, Nordic Journal of Human Rights

The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is at the heart of some of the most important international human rights decisions. Does it undermine the universality of human rights? How should judges decide whether to give this margin of appreciation to states? How can lawyers make best use of arguments for or against the margin of appreciation? This book answers these questions, and broadens the discussion on the margin of appreciation by including material beyond the ECHR system. It provides a comprehensive justification of the doctrine, and ALLFSCA14I the key cases affecting the doctrine in practice. Part One provides a systematic defence of the margin of appreciation doctrine in international human rights law. Drawing on the philosophy of practical reasoning the book argues that the margin of appreciation is a doctrine of judicial deference and is a common and appropriate feature of adjudication. The book argues that the margin of appreciation doctrine prevents courts from imposing unhelpful uniformity, whilst allowing decisions to be consistent with the universality of human rights. Part Two considers the key case law of the European Court of Human Rights, the Inter-American Court of Human Rights, and the UN Human Rights Committee, documenting the margin of appreciation in practice. The analysis uniquely takes a broad look at the factors affecting the margin of appreciation. Part Three explores how the margin of appreciation operates in the judicial decision-making process, reconceptualising the proportionality assessment and explaining how the nature of the right and the type of case affect the courts' reasoning.
Les mer
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 because although human rights standards are universal, in practice they inevitably look different from place to place.
Les mer
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 ; Bibliography
Les mer
A vibrant, thorough defence of the controversial issue of the margin of appreciation in international human rights law Clear analysis of the case law on the basis of factors that affect the margin of appreciation Assesses the margin of appreciation before three different systems: the European Court of Human Rights, the Inter-American Court of Human Rights, and the UN Human Rights Committees
Les mer
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.
Les mer
A vibrant, thorough defence of the controversial issue of the margin of appreciation in international human rights law Clear analysis of the case law on the basis of factors that affect the margin of appreciation Assesses the margin of appreciation before three different systems: the European Court of Human Rights, the Inter-American Court of Human Rights, and the UN Human Rights Committees
Les mer

Produktdetaljer

ISBN
9780199650453
Publisert
2012
Utgiver
Oxford University Press
Vekt
540 gr
Høyde
236 mm
Bredde
164 mm
Dybde
22 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
260

Forfatter

Biografisk notat

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.