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    Rights statement: http://journals.cambridge.org/action/displayJournal?jid=ILQ The final, definitive version of this article has been published in the Journal, International & Comparative Law Quarterly, 54 (2), pp 459-474 2005, © 2005 Cambridge University Press.

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Margins of appreciation: cultural relativity and the European Court of Human Rights

Research output: Contribution to Journal/Magazine › Journal article › peer-review

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Margins of appreciation: cultural relativity and the European Court of Human Rights. / Sweeney, James.
In: International and Comparative Law Quarterly, Vol. 54, No. 2, 01.04.2005, p. 459-474.

Research output: Contribution to Journal/Magazine › Journal article › peer-review

Harvard

Sweeney, J 2005, 'Margins of appreciation: cultural relativity and the European Court of Human Rights', International and Comparative Law Quarterly, vol. 54, no. 2, pp. 459-474. https://doi.org/10.1093/iclq/lei003

APA

Sweeney, J. (2005). Margins of appreciation: cultural relativity and the European Court of Human Rights. International and Comparative Law Quarterly, 54(2), 459-474. https://doi.org/10.1093/iclq/lei003

Vancouver

Sweeney J. Margins of appreciation: cultural relativity and the European Court of Human Rights. International and Comparative Law Quarterly. 2005 Apr 1;54(2):459-474. doi: 10.1093/iclq/lei003

Author

Sweeney, James. / Margins of appreciation : cultural relativity and the European Court of Human Rights. In: International and Comparative Law Quarterly. 2005 ; Vol. 54, No. 2. pp. 459-474.

Bibtex

@article{7a5752e12b0d4c0fa986c12d7e8ec5a0,
title = "Margins of appreciation: cultural relativity and the European Court of Human Rights",
abstract = "The number of states participating in the Council of Europe's system for the protection of human rights has grown rapidly over recent years. Established in 1949 with an initial membership of 10 states, the Council has now grown to a membership of 46,2 dwarfing the EU in its geographical reach. The most significant period of enlargement has been since the end of the Cold War as the formerly Communist states from central and eastern Europe flocked to the Council of Europe seeking assistance with the process of democratisation. The Council's most prominent human rights treaty, the European Convention on Human Rights, has entered into force for all but one of the 46 member states.3 This paper questions whether the European Court of Human Rights' recognition of a national {\textquoteleft}margin of appreciation{\textquoteright} has allowed these new Contracting Parties too much leeway in the way they choose to protect, or more specifically, to limit, the exercise of human rights.",
author = "James Sweeney",
note = "http://journals.cambridge.org/action/displayJournal?jid=ILQ The final, definitive version of this article has been published in the Journal, International & Comparative Law Quarterly, 54 (2), pp 459-474 2005, {\textcopyright} 2005 Cambridge University Press.",
year = "2005",
month = apr,
day = "1",
doi = "10.1093/iclq/lei003",
language = "English",
volume = "54",
pages = "459--474",
journal = "International and Comparative Law Quarterly",
issn = "0020-5893",
publisher = "Cambridge University Press",
number = "2",

}

RIS

TY - JOUR

T1 - Margins of appreciation

T2 - cultural relativity and the European Court of Human Rights

AU - Sweeney, James

N1 - http://journals.cambridge.org/action/displayJournal?jid=ILQ The final, definitive version of this article has been published in the Journal, International & Comparative Law Quarterly, 54 (2), pp 459-474 2005, © 2005 Cambridge University Press.

PY - 2005/4/1

Y1 - 2005/4/1

N2 - The number of states participating in the Council of Europe's system for the protection of human rights has grown rapidly over recent years. Established in 1949 with an initial membership of 10 states, the Council has now grown to a membership of 46,2 dwarfing the EU in its geographical reach. The most significant period of enlargement has been since the end of the Cold War as the formerly Communist states from central and eastern Europe flocked to the Council of Europe seeking assistance with the process of democratisation. The Council's most prominent human rights treaty, the European Convention on Human Rights, has entered into force for all but one of the 46 member states.3 This paper questions whether the European Court of Human Rights' recognition of a national ‘margin of appreciation’ has allowed these new Contracting Parties too much leeway in the way they choose to protect, or more specifically, to limit, the exercise of human rights.

AB - The number of states participating in the Council of Europe's system for the protection of human rights has grown rapidly over recent years. Established in 1949 with an initial membership of 10 states, the Council has now grown to a membership of 46,2 dwarfing the EU in its geographical reach. The most significant period of enlargement has been since the end of the Cold War as the formerly Communist states from central and eastern Europe flocked to the Council of Europe seeking assistance with the process of democratisation. The Council's most prominent human rights treaty, the European Convention on Human Rights, has entered into force for all but one of the 46 member states.3 This paper questions whether the European Court of Human Rights' recognition of a national ‘margin of appreciation’ has allowed these new Contracting Parties too much leeway in the way they choose to protect, or more specifically, to limit, the exercise of human rights.

U2 - 10.1093/iclq/lei003

DO - 10.1093/iclq/lei003

M3 - Journal article

VL - 54

SP - 459

EP - 474

JO - International and Comparative Law Quarterly

JF - International and Comparative Law Quarterly

SN - 0020-5893

IS - 2

ER -