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searching for Margin of appreciation 46 found (72 total)

A, B and C v Ireland (1,761 words) [view diff] exact match in snippet view article find links to article

decisively narrows the broad margin of appreciation of the State.": 236, 237 Thus Ireland had a broad margin of appreciation to maintain its existing laws

Kay v Lambeth LBC (1,768 words) [view diff] exact match in snippet view article find links to article

other laws. The European Court of Human Rights accorded a generous margin of appreciation to the national authorities, attaching much importance to the facts

Article 10 of the European Convention on Human Rights (2,042 words) [view diff] exact match in snippet view article find links to article

other public authority bodies. However, each state is allowed a margin of appreciation. An acceptance of varying historical, legal, political, and cultural

S.A.S. v. France (3,144 words) [view diff] exact match in snippet view article find links to article

harmoniously was within in law. It underlined that the states had a wide margin of appreciation in cases like this. In June 2009, the French parliament set down

Redfearn v United Kingdom (3,509 words) [view diff] exact match in snippet view article find links to article

State intervention, the Contracting States should enjoy a wide margin of appreciation in their choice of the means to be employed (Gustafsson v. Sweden

Campbell v MGN Ltd (954 words) [view diff] exact match in snippet view article find links to article

only to show her in a better light. It was within journalists' margin of appreciation to decide whether such "peripheral" information should be included

National Union of Rail, Maritime and Transport Workers v United Kingdom (3,040 words) [view diff] exact match in snippet view article find links to article

freedom of association was not far reaching in light of the wide margin of appreciation. It was true that the UK's absolute prohibition was at the extreme

International Cultic Studies Association (725 words) [view diff] exact match in snippet view article find links to article

(2005). "Imposed limitations on freedom of religion in China and the margin of appreciation doctrine: a legal analysis of the crackdown on the Falun Gong and

Article 15 of the European Convention on Human Rights (1,517 words) [view diff] exact match in snippet view article find links to article

were disproportionate. While the Court generally accords a wide margin of appreciation to national authorities in determining the existence of an emergency

French law on secularity and conspicuous religious symbols in schools (6,513 words) [view diff] exact match in snippet view article find links to article

which established some kind of case law, still left a considerable margin of appreciation to school administrators, which led to many tensions and embarrassments

Constitutional Court of Georgia (857 words) [view diff] exact match in snippet view article find links to article

its extreme importance, is not absolute and the state has a broad margin of appreciation when it comes to limited resources and economic planning. The Court

Victimless crime (1,884 words) [view diff] case mismatch in snippet view article find links to article

76–102. doi:10.1525/nclr.2014.17.1.76. Braasch, Patrick (2012). "Margin of Appreciation or a Victimless Crime: The European Court of Human Rights on Consensual

Demir and Baykara v. Turkey (3,208 words) [view diff] exact match in snippet view article find links to article

the meaning of Article 11 § 2 exists, States have only a limited margin of appreciation, which goes hand in hand with rigorous European supervision embracing

Progress Property Co Ltd v Moorgarth Group Ltd (1,971 words) [view diff] exact match in snippet view article find links to article

practice to what has been called, in a recent Scottish case, a "margin of appreciation": Clydebank Football Club Ltd v Steedman 2002 SLT 109, para 76 (discussed

Necessary in a democratic society (999 words) [view diff] case mismatch in snippet view article find links to article

Arai-Takahashi, Yutaka (2002). "Necessary in a democratic society". The Margin of Appreciation Doctrine and the Principle of Proportionality in the Jurisprudence

Human rights in Tonga (1,354 words) [view diff] exact match in snippet view article find links to article

respect across difference. A respect for difference allows the widest margin of appreciation to lawmakers as well as other stakeholders and encourages robust

X and Others v. Austria (1,978 words) [view diff] exact match in snippet view article find links to article

recreate the biological circumstances of the family unit, and the margin of appreciation should be wide in the case of adoption and that no formal consensus

Hirst v United Kingdom (No 2) (543 words) [view diff] exact match in snippet view article

Dominic Grieve claimed that the court does not give sufficient margin of appreciation to states, a controversy being the court's requirement that the

Commercial speech (1,395 words) [view diff] exact match in snippet view article find links to article

bulletin. The ECHR noted that the prohibition fell within the 'margin of appreciation' that national authorities are permitted under Article 10, §2, which

Compulsory purchase in England and Wales (2,157 words) [view diff] exact match in snippet view article find links to article

properties from their private landlords, was within a member state's margin of appreciation. It was competent for a member state to regulate property rights

CN v Secretary of State for Health and Social Care (1,671 words) [view diff] exact match in snippet view article find links to article

disability, but the Secretary of State must nonetheless be given a wide margin of appreciation in creating an ex gratia scheme of this kind. Sir Geoffrey Vos,

Political question (3,408 words) [view diff] exact match in snippet view article find links to article

Court of Human Rights has engaged with the doctrine through the margin of appreciation. Within European Union law, the Court of Justice of the European

Celia Kitzinger and Sue Wilkinson (1,393 words) [view diff] exact match in snippet view article find links to article

legitimate aim, is reasonable and proportionate, and falls within the margin of appreciation accorded to Convention States." The Attorney General, as Second

Jerusalem v. Austria (418 words) [view diff] exact match in snippet view article find links to article

constituted fair comment, the Austrian courts overstepped their margin of appreciation and that the injunction granted against the applicant amounted to

Rabinder Singh (judge) (2,606 words) [view diff] case mismatch in snippet view article

Understanding Human Rights Principles (2001) Is There a Role for the Margin of Appreciation after the Human Rights Act? [1999] EHRLR 15 (with M. Hunt and M

Wilson and Palmer v United Kingdom (1,866 words) [view diff] exact match in snippet view article find links to article

domestic systems in this field, the Contracting States enjoy a wide margin of appreciation as to how trade union freedom may be secured. The Court observes

Oršuš and Others v. Croatia (673 words) [view diff] exact match in snippet view article find links to article

attended by safeguards that would ensure that, in the exercise of its margin of appreciation in the education sphere, the State had sufficient regard to their

James v United Kingdom (1,066 words) [view diff] exact match in snippet view article find links to article

which cannot entirely be left to the play of market forces. The margin of appreciation is wide enough to cover legislation aimed at securing greater social

Anti-cult movement (7,897 words) [view diff] case mismatch in snippet view article find links to article

Richardson, "Imposed Limitations on Freedom of Religion in China and the Margin of Appreciation Doctrine: A Legal Analysis of the Crackdown on the Falun Gong and

S and Marper v United Kingdom (1,754 words) [view diff] exact match in snippet view article find links to article

jurisprudence on what measures are likely to fall outside a state's margin of appreciation. The Court determined that where there is no consensus between member

Eweida v United Kingdom (1,742 words) [view diff] exact match in snippet view article find links to article

national authorities, in particular the courts, operate within a margin of appreciation. Nonetheless, the Court has reached the conclusion in the present

Freedom of religion in China (8,880 words) [view diff] case mismatch in snippet view article find links to article

(2005). "Imposed Limitations on Freedom of Religion in China and the Margin of Appreciation Doctrine: A Legal Analysis of the Crackdown on the Falun Gong and

Evans v United Kingdom (1,822 words) [view diff] exact match in snippet view article find links to article

that the issue of when the right to life begins "comes within the margin of appreciation which the Court generally considers that States should enjoy in

Armani Da Silva v. UK (925 words) [view diff] exact match in snippet view article find links to article

prosecute. Therefore, the Court ruled this as within the state's margin of appreciation. The Court followed the decision in Brecknell that states that prosecution

R (Alconbury Developments Ltd) v Secretary of State for the Environment (1,793 words) [view diff] exact match in snippet view article

of Justice in applying the principle is shown inter alia by the margin of appreciation it accords to the institutions of the Community in making economic

Relevant and irrelevant considerations in Singapore administrative law (5,381 words) [view diff] exact match in snippet view article find links to article

Justice Brown elaborated that for the third category, there is "a margin of appreciation within which the decision-maker may decide just what considerations

Sivsivadze v Minister for Justice (1,171 words) [view diff] exact match in snippet view article find links to article

the power under s3(11) of the 1999 Act involves the exercise of a margin of appreciation related to the facts of individual cases, and that the discretion

Young, James and Webster v United Kingdom (2,544 words) [view diff] exact match in snippet view article find links to article

the aims being pursued. Even making due allowance for a State’s "margin of appreciation" (see, inter alia, the above-mentioned Sunday Times judgment, p

English land law (25,697 words) [view diff] exact match in snippet view article find links to article

properties from their private landlords, was within a member state's margin of appreciation. It was competent for a member state to regulate property rights

Same-sex marriage in the United Kingdom (16,704 words) [view diff] exact match in snippet view article find links to article

legitimate aim, is reasonable and proportionate, and falls within the margin of appreciation accorded to Convention States." Attorney General Peter Goldsmith

Abortion in the United Kingdom (16,131 words) [view diff] exact match in snippet view article find links to article

was quashed by the Court of Appeal on the grounds that "a broad margin of appreciation must be accorded to the state" and "a fair balance has been struck

Huang v Home Secretary (2,882 words) [view diff] exact match in snippet view article find links to article

to its task, due deference, discretionary areas of judgment, the margin of appreciation, democratic accountability, relative institutional competence, a

Illegality in Singapore administrative law (11,720 words) [view diff] exact match in snippet view article find links to article

considerations, Lord Justice Brown elaborated that there is "a margin of appreciation within which the decision-maker may decide just what considerations

Administrative law in Singapore (17,559 words) [view diff] exact match in snippet view article find links to article

decision-maker but in judging whether the decision-maker has exceeded this margin of appreciation the human rights context is important. The more substantial the

Nikolay Alexeyev (8,266 words) [view diff] case mismatch in snippet view article find links to article

Recent academic article, "Homosexuality, Freedom of Assembly and the Margin of Appreciation Doctrine of the European Court of Human Rights: Alekseyev v Russia"

United Kingdom constitutional law (41,155 words) [view diff] exact match in snippet view article find links to article

Russia and Turkey) in restricting union freedoms, it was within the margin of appreciation to have restricting balloting rules, and possibly to limit secondary