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The Resource Human rights between law and politics : the margin of appreciation in post-national contexts, edited by Petr Agha

Human rights between law and politics : the margin of appreciation in post-national contexts, edited by Petr Agha

Label
Human rights between law and politics : the margin of appreciation in post-national contexts
Title
Human rights between law and politics
Title remainder
the margin of appreciation in post-national contexts
Statement of responsibility
edited by Petr Agha
Contributor
Editor
Subject
Language
eng
Summary
This book analyses human rights in post-national contexts and demonstrates, through the case law of the European Court of Human Rights, that the Margin of Appreciation doctrine is an essential part of human rights adjudication. Current approaches have tended to stress the instrumental value of the Margin of Appreciation, or to give it a complementary role within the principle of proportionality, while others have been wholly critical of it. In contradiction to these approaches this volume shows that the doctrine is a genuinely normative principle capable of balancing conflicting values. It explores to what extent the tension between human rights and politics, embodied in the doctrine, might be understood as a mutually reinforcing interplay of variables rather than an entrenched separation. By linking the interpretation of the Margin of Appreciation doctrine to a broader conception of human rights, understood as complex political and moral norms, this volume argues that the doctrine can assist in the formulation of the common good in light of the requirements of the Convention
Member of
Cataloging source
DLC
Index
index present
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/relatedWorkOrContributorName
Agha, Petr
Series statement
Modern studies in European law
Series volume
volume 76
http://library.link/vocab/subjectName
  • Human rights
  • Human rights
  • Human rights
  • Europe
Label
Human rights between law and politics : the margin of appreciation in post-national contexts, edited by Petr Agha
Instantiates
Publication
Copyright
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
  • V. Framing the Issue: Legal or Political Constitutionalism?V. The MoA and Proportionality Review: Trivialising the Right to Vote; VI. Reasoning on the Right to Vote; 7; Social Sensitivity, Consensus and the Margin of Appreciation; I. Approaches to the Margin of Appreciation; II. Sexuality and Same-Sex Partnerships; III. Morally Contentious Expression; IV. Conclusion; 8; Religious Rights and the Margin of Appreciation; I. Introduction; II. The Place of Religion in the ECHR; III. Religion and Human Rights; IV. The Jurisprudence of the ECtHR on Religious Rights; V. The MoA in Religious Cases
  • IV. Human Rights and Hegemonic UniversalismV. Concluding Thoughts; 3; When Human Rights Clash in 'the Age of Subsidiarity'; I. Introduction; II. Setting the Scene: Preliminary Remarks on the Margin of Appreciation and Subsidiarity; III. The Court, the Margin of Appreciation and Human Rights Clashes; IV. The Court and the ""Clashing Rights"" Principle; V.A Reinterpreted Role for the Margin of Appreciation in Human Rights Clashes; VI. Conclusion; 4; The Margin of Appreciation as an Underenforcement Doctrine; I. Introduction; II. Underenforcement, Institutional Considerations and the MoA
  • III. Explaining the Underenforcement of Convention Rights: Resource-Bounded Enforcement of the ECHRIV. Justifying the Underenforcement of Convention Rights: Normative Institutional Considerations; 5; Anything to Appreciate?; I. Introductory Remarks; II. Jurisprudential Triviality of the Margin of Appreciation Doctrine: General Remarks; III. The Council of Europe between the Universality of Rights and the Particularity of Cultures; IV. The Semantics of Rights in Politics, Law and Public Morality: From Normative Philosophies to the Social Systems Theory of Rights
  • V. Human Rights, Their Evolution and Paradoxes: A Sociological PerspectiveVI. Human Rights as Power Constellations; VII. The Force and Limits of Legal Doctrine; VIII. Anything But Discretionary Power?; IX. From Different Reasons to the Reasonable Differences in the Margin of Appreciation of Doctrine; X. Concluding Remarks: Human Rights, Functional Differentiation and the Impossibility of Justice; 6; The Prisoner""s Dilemma; I. Introduction; II. Two Versions of the Margin of Appreciation; III. The European Saga of Prisoners' Voting Rights
  • V. Framing the Issue: Legal or Political Constitutionalism?V. The MoA and Proportionality Review: Trivialising the Right to Vote; VI. Reasoning on the Right to Vote; 7; Social Sensitivity, Consensus and the Margin of Appreciation; I. Approaches to the Margin of Appreciation; II. Sexuality and Same-Sex Partnerships; III. Morally Contentious Expression; IV. Conclusion; 8; Religious Rights and the Margin of Appreciation; I. Introduction; II. The Place of Religion in the ECHR; III. Religion and Human Rights; IV. The Jurisprudence of the ECtHR on Religious Rights; V. The MoA in Religious Cases
Dimensions
24 cm
Extent
vii, 201 pages
Isbn
9781849468657
Lccn
2017017560
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
Note
GOBI Library Solutions from EBSCO
System control number
(OCoLC)986788201
Label
Human rights between law and politics : the margin of appreciation in post-national contexts, edited by Petr Agha
Publication
Copyright
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
  • V. Framing the Issue: Legal or Political Constitutionalism?V. The MoA and Proportionality Review: Trivialising the Right to Vote; VI. Reasoning on the Right to Vote; 7; Social Sensitivity, Consensus and the Margin of Appreciation; I. Approaches to the Margin of Appreciation; II. Sexuality and Same-Sex Partnerships; III. Morally Contentious Expression; IV. Conclusion; 8; Religious Rights and the Margin of Appreciation; I. Introduction; II. The Place of Religion in the ECHR; III. Religion and Human Rights; IV. The Jurisprudence of the ECtHR on Religious Rights; V. The MoA in Religious Cases
  • IV. Human Rights and Hegemonic UniversalismV. Concluding Thoughts; 3; When Human Rights Clash in 'the Age of Subsidiarity'; I. Introduction; II. Setting the Scene: Preliminary Remarks on the Margin of Appreciation and Subsidiarity; III. The Court, the Margin of Appreciation and Human Rights Clashes; IV. The Court and the ""Clashing Rights"" Principle; V.A Reinterpreted Role for the Margin of Appreciation in Human Rights Clashes; VI. Conclusion; 4; The Margin of Appreciation as an Underenforcement Doctrine; I. Introduction; II. Underenforcement, Institutional Considerations and the MoA
  • III. Explaining the Underenforcement of Convention Rights: Resource-Bounded Enforcement of the ECHRIV. Justifying the Underenforcement of Convention Rights: Normative Institutional Considerations; 5; Anything to Appreciate?; I. Introductory Remarks; II. Jurisprudential Triviality of the Margin of Appreciation Doctrine: General Remarks; III. The Council of Europe between the Universality of Rights and the Particularity of Cultures; IV. The Semantics of Rights in Politics, Law and Public Morality: From Normative Philosophies to the Social Systems Theory of Rights
  • V. Human Rights, Their Evolution and Paradoxes: A Sociological PerspectiveVI. Human Rights as Power Constellations; VII. The Force and Limits of Legal Doctrine; VIII. Anything But Discretionary Power?; IX. From Different Reasons to the Reasonable Differences in the Margin of Appreciation of Doctrine; X. Concluding Remarks: Human Rights, Functional Differentiation and the Impossibility of Justice; 6; The Prisoner""s Dilemma; I. Introduction; II. Two Versions of the Margin of Appreciation; III. The European Saga of Prisoners' Voting Rights
  • V. Framing the Issue: Legal or Political Constitutionalism?V. The MoA and Proportionality Review: Trivialising the Right to Vote; VI. Reasoning on the Right to Vote; 7; Social Sensitivity, Consensus and the Margin of Appreciation; I. Approaches to the Margin of Appreciation; II. Sexuality and Same-Sex Partnerships; III. Morally Contentious Expression; IV. Conclusion; 8; Religious Rights and the Margin of Appreciation; I. Introduction; II. The Place of Religion in the ECHR; III. Religion and Human Rights; IV. The Jurisprudence of the ECtHR on Religious Rights; V. The MoA in Religious Cases
Dimensions
24 cm
Extent
vii, 201 pages
Isbn
9781849468657
Lccn
2017017560
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
Note
GOBI Library Solutions from EBSCO
System control number
(OCoLC)986788201

Library Locations

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      3400 Chestnut Street, Philadelphia, Pennsylvania, 19104, US
      39.954941 -75.193362
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