Judicial Convergence and Fragmentation in International Human Rights Law Book contents
- Judicial Convergence and Fragmentation in International Human Rights Law
- Judicial Convergence and Fragmentation in International Human Rights Law
- Copyright page
- Contents
- Figures
- Tables
- Foreword
- Acknowledgements
- Table of Cases
- Abbreviations
- Introduction
- Part I Introducing and Assessing Fragmentation and Convergence in International Human Rights Law
- Part II Factors Explaining Judicial Convergence and Fragmentation
- 3 The Theory of Treaty Interpretation and Judicial Dialogue
- 4 The Composition of the Courts and Other Adjudicative Bodies and the Role of Their Secretariats
- 5 Calibrating Judicial Scrutiny
- 6 Deference, Subsidiarity and Regional Consensus
- 7 Outside the Courtroom
- Conclusions
- Book part
- Index
6 - Deference, Subsidiarity and Regional Consensus
The Margin of Appreciation Doctrine
from Part II - Factors Explaining Judicial Convergence and Fragmentation
Published online by Cambridge University Press: 22 December 2022
- Judicial Convergence and Fragmentation in International Human Rights Law
- Judicial Convergence and Fragmentation in International Human Rights Law
- Copyright page
- Contents
- Figures
- Tables
- Foreword
- Acknowledgements
- Table of Cases
- Abbreviations
- Introduction
- Part I Introducing and Assessing Fragmentation and Convergence in International Human Rights Law
- Part II Factors Explaining Judicial Convergence and Fragmentation
- 3 The Theory of Treaty Interpretation and Judicial Dialogue
- 4 The Composition of the Courts and Other Adjudicative Bodies and the Role of Their Secretariats
- 5 Calibrating Judicial Scrutiny
- 6 Deference, Subsidiarity and Regional Consensus
- 7 Outside the Courtroom
- Conclusions
- Book part
- Index
Summary
This chapter introduces and discusses the approach of each body to deference and subsidiarity, and assesses how the differences may affect convergence and fragmentation. From the margin of appreciation (MoA), typical of the European Court, to the conventionality control (CC) of the Inter-American Court, the chapter investigates all the different shades of subsidiarity and deference and put them in a comparative perspective. Moreover, through specific examples, this chapter shows how different approaches may trigger fragmentation (such as in the headscarf cases) and how convergence on the level of deference and subsidiarity may, on the contrary, foster convergence (such as in defamation cases).
Keywords
- Type
- Chapter
- Information
- Judicial Convergence and Fragmentation in International Human Rights LawThe Regional Systems and the United Nations Human Rights Committee, pp. 196 - 227Publisher: Cambridge University PressPrint publication year: 2023