The complex balance between the universalization of human rights and its contextualization from the national margin of appreciation doctrine perspective
Abstract
One of the main debates provoked by the phenomenon of the universalization of human rights is about balance between this phenomenon and the application of human rights in specific political, social and cultural contexts, and is relevant both in the field of Constitutional Law as well as in the field of Legal Theory. The doctrine of the national margin of appreciation, created by the European Court of Human Rights, has arisen as a response to this debate. This doctrine can be considered a real instrument attempting to balance the two principles of integration and subsidiarity of the European Convention on Human Rights. Currently, this legal doctrine lacks a systematic and complete construction which would allow the main actors of the European system of Human Rights, Member States and citizens to predict, with enough legal certainty, the use of the doctrine by the Court. Does this mean that it is better to opt not to use the doctrine of national margin of appreciation?
Published online: 27 November 2014
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Last update: 08/02/2022
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