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Words: | Submitted: Thu Jan 13 2005
... Human Rights. These competing considerations form a symbiosis which an international supervisory body such as the European Court of Human Rights must continually define in its interpretative and supervisory role. The margin of appreciation may be the single most distinctive interpretative feature of ECHR jurisprudence: it has defined not only the interpretative methodology of Strasbourg jurisprudence but also the substantive import of Convention rights. It remains pivotal to the operation of a critical symbiosis between national upholding of the Convention and the supervision of the ECHR mechanism: it lies at the heart of the ineluctable and perennial mediation of consensus and relativity, supremacy and national autonomy as well as uniformity and diversity. Yourow's work provides a strong and scholarly base for a theoretical and doctrinal analysis of the concept of the margin of appreciation. His work tracks the evolution of the doctrine within Convention jurisprudence as well as the internal ...
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