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

Abstract

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

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