The European Court of Human Rights, the Margin of Appreciation and European Consensus: Strengthening or Diluting Minority Rights?
Abstract: This article analyses the European Court of Human Rights’ use of the concepts of ‘European consensus’ and ‘margin of appreciation’ in light of their effects on minority rights. Normative justifications and objections to the Court’s use of the doctrines are outlined. Through an exploration of the Court’s jurisprudence on minority rights within the European […]