Margin of appreciation, Humanities

"It acknowledges that the national authorities enjoy a wide margin of appreciation in matters of morals, particularly in an area such as the present which touches on matters of belief concerning the nature of human life...However, this power of appreciation is not unlimited.  It is for the Court, in this field also, to supervise whether a restriction is compatible with the Convention."

Judgement of the European Court of Human Rights in Open Door and Dublin Well Woman v. Ireland (1992) 15 EHRR 244 at paragraph 68.

Discuss how the margin of appreciation operates and whether the supervision provided by the court is adequate?

Posted Date: 2/18/2013 4:45:02 AM | Location : United States







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