margin of appreciation

margin of appreciation
England, Wales
A concept developed by the European Court of Human Rights (ECtHR) when considering whether a signatory of the European Convention on Human Rights (ECHR) has breached the declaration in the ECHR. The doctrine allows the ECtHR to take into account cultural, historic and philosophical differences between Strasbourg and the particular national authority, which mean the ECHR may be interpreted differently.
The margin of appreciation therefore gives a national authority room for manoeuvre in fulfilling some of its principal obligations under the ECHR.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

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