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

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Dr Andrew Legg (Barrister of Lincoln's Inn; Member of Essex Court Chambers, London)

The Margin of Appreciation in International Human Rights Law

Deference and Proportionality

Dr Andrew Legg (Barrister of Lincoln's Inn; Member of Essex Court Chambers, London)

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English

Oxford University Press
05 July 2012

Human rights; International human rights law; Responsibility of states & other entities; International courts & procedures

Series: Oxford Monographs in International Law

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.

By: Dr Andrew Legg (Barrister of Lincoln's Inn; Member of Essex Court Chambers London)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 236mm, Width: 164mm, Spine: 22mm
Weight: 540g
ISBN: 9780199650453
ISBN 10: 0199650454
Series: Oxford Monographs in International Law
Pages: 260
Publication Date: 05 July 2012
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

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

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.

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

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