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How Should Personal and Political Autonomy Feature in the ECtHR’s Margin of Appreciation?

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Bibliographic Details
Main Author: Scherz, Antoinette
Format: Book
Language:English
Published: Springer 2023
Subjects:
undemocratic
Courts
Online Access:https://link.springer.com/article/10.1007/s42439-023-00079-8
https://dlib.phenikaa-uni.edu.vn/handle/PNK/9092
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spelling oai:localhost:PNK-90922023-09-19T08:06:55Z How Should Personal and Political Autonomy Feature in the ECtHR’s Margin of Appreciation? Scherz, Antoinette undemocratic Courts CC-BY Courts are often criticised as undemocratic. The backlash against international courts in the last decade is also partly driven by this concern. Human rights courts’ legitimacy is particularly challenged because they aim to protect human rights against the very states that need to comply with and implement the courts’ judgements. Therefore, several international courts have developed mechanisms of deference to states. One especially interesting tool is the European Court of Human Rights’ margin of appreciation doctrine. This paper proposes that the margin of appreciation can ensure the conditions of personal autonomy by protecting human rights while respecting the democratic decisions of states. Yet, states’ decisions should only be respected insofar as they realise political autonomy. 2023-09-19T08:06:55Z 2023-09-19T08:06:55Z 2023 Book https://link.springer.com/article/10.1007/s42439-023-00079-8 https://dlib.phenikaa-uni.edu.vn/handle/PNK/9092 en application/pdf Springer
institution Digital Phenikaa
collection Digital Phenikaa
language English
topic undemocratic
Courts
spellingShingle undemocratic
Courts
Scherz, Antoinette
How Should Personal and Political Autonomy Feature in the ECtHR’s Margin of Appreciation?
description CC-BY
format Book
author Scherz, Antoinette
author_facet Scherz, Antoinette
author_sort Scherz, Antoinette
title How Should Personal and Political Autonomy Feature in the ECtHR’s Margin of Appreciation?
title_short How Should Personal and Political Autonomy Feature in the ECtHR’s Margin of Appreciation?
title_full How Should Personal and Political Autonomy Feature in the ECtHR’s Margin of Appreciation?
title_fullStr How Should Personal and Political Autonomy Feature in the ECtHR’s Margin of Appreciation?
title_full_unstemmed How Should Personal and Political Autonomy Feature in the ECtHR’s Margin of Appreciation?
title_sort how should personal and political autonomy feature in the ecthr’s margin of appreciation?
publisher Springer
publishDate 2023
url https://link.springer.com/article/10.1007/s42439-023-00079-8
https://dlib.phenikaa-uni.edu.vn/handle/PNK/9092
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score 8.891053

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