Whither the Margin of Appreciation

@article{Spielmann2014WhitherTM,
  title={Whither the Margin of Appreciation},
  author={Dean Spielmann},
  journal={Current Legal Problems},
  year={2014},
  volume={67},
  pages={49-65}
}
The doctrine of the margin of appreciation may be regarded as being among the most prominent judge-made legal constructs in European human rights jurisprudence. It is an analytical tool that guides the European Court in its examination of the complaints raised under many, but not all, provisions of the Convention and its Protocols. It makes for a body of human rights law that accepts pluralism over uniformity, as long as the fundamental guarantees are effectively observed. Alongside its… 
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