Deference and Proportionality
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Köp båda 2 för 1954 krThe 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 inter...
Andreas von Staden, Human Rights Law Review 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.
Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers 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.
Marjan Ajevski, Nordic Journal of Human Rights 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.
<br>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.<br>
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