Although there were numerous movements in promoting the unity of the European, but it seems to have failed. Robertson indicates the unity principle’s outcome is less than what is desired. Thereby, as Murat notes, the court will invariably grant a leeway to the state in deciding the cases namely, the ‘Margin of appreciation’. This maxim owes it genesis from a French term ‘marge d’ appreciation’ that deemed as a doctrine which gives way to a state’s discretion in their governance.
More often than not, margin of appreciation doctrine applies when it comes to a question of ‘morality’. It seems to be a truism that Harris’s statement does reflect the court’s manoeuvre Notably, Jeffrey claims the more diversify of the laws on the state; a wider margin would be granted. As contended by Yutaka, a level of discretion will be allowed to the member states to consider any relevant circumstances. As a consequence, it can tentatively be concluded that doctrine could be one of the very efficient shields of the member states.
The paucity of European consensus thus results in some controversial issues left vaguely decided, for example, the right to abortion that come...
... middle of paper ...
...2003) 37 EHRR 611(Grand Chamber judgment)
Ibid at n45
Series A 28, pp48-50
Series A 250 , p90, 27th November 1992
Prof. Jeffrey A. Brauch, The Margin of Appreciation and the Jurisprudence of the European Court of Human Rights: Threat to the rule of law, Vol.11, Columbia Journal of European Law (2004-2005)
Mahoney, Marvellous Richness of Diversity or Invidious Cultural Relativism? 12 Human Rights Law Journal 1, 5( 1998)
Ibid at n50
Danny Shaw,’UK’s should cut links with ECHR’ BBC News, 7th February 2011 accessed 29th March 2011 < http://www.bbc.co.uk/news/uk-12338931#story_continues_1>
Tom Newton Dunn, ‘Go to the war on the Eurom Law’ The Sun, 7 February 2011accessed 29 March 2011 http://www.thesun.co.uk/sol/homepage/news/3395471/David-Cameron-urged-to-go-to-war-over-Euro-law.html
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Significantly, the crux of this question mainly lies on a critical analysis on Harris’s statement on the application margin of appreciation under Art.2. and Art. 8 of European Convention on Human Rights (hereinafter referred to as ‘ECHR’). In examining Harris’s statement , it simply denotes that the application of the convention may often be varied because of the absence of consensus probably due to cultural relativism or pluralism. It has been propounded that human rights is universal , but it is inevitable for each country to adopt different practices and perception.... [tags: pluralism, cultural relativism, human rights]
2471 words (7.1 pages)
- With regards to the ECHR, its unequivocal links to the Holocaust are also debatable. It follows a very similar pattern and structure to the UDHR (albeit with an obvious distinct European focus) and it’s drafting and implementation was very much carried on the momentum created by it. Its intent was very different however. Its creation did not just see the introduction of another declaration of rights, but the introduction of actual, functioning legal apparatus intended to safeguard these rights. The ECHR was (and, in fact, still is) much more powerful than it’s more highly recognised older brother, the “the well-meaning but toothless” UDHR, in that it allowed the right to petition to both st... [tags: Human rights, Nazi Germany, Genocide]
1086 words (3.1 pages)
- Profitability: According to the income statement, the profit margin ratio decreases as well with 2.5%. However, the sale revenue has a rise in this period actually and it means the company spends more money on operating expense. Therefore this increase on operating expense indicates a worse control of expense. On the positive side, the ROCE of 2014 and 2015 maintains approximately 30%, it exceeds the industry average (25%). The high ROCE can be caused by the high asset turnover. Obviously, the rate of return on capital employed is much higher than the rate at which the company borrows.... [tags: Financial ratios, Debt, Dividend yield, Finance]
1165 words (3.3 pages)
- The Healthcare Industry: Profit on a Margin(alized People) The healthcare system in the United States is capitalist by nature and, as a result, negatively impacts those seeking care and those providing it. In particular, those involved with hospice care, nursing homes, and general long-term care are most impacted. Although most may only think of the patients and their families being negatively, the way the healthcare system works specifically ensures that patients and caregivers face hardship.... [tags: Nursing, Nursing home, Geriatrics, Wage]
963 words (2.8 pages)
- As of the time that that I’ve posted this, I’ve predicted that Trump will “win” Texas, but by a slim margin. However, I’m only tentatively saying that he will be able to claim Texas because many people view him and Clinton as too unfavorable to easily rally behind (“Trump: Favorable/Unfavorable,” 2016) (“Clinton: Favorable/Unfavorable,” 2016). Because of this, I’m also anticipating for more people than usual to vote for third-party candidates in protest. Although third-party candidates rarely win the presidency and may cause some people to believe that choosing them would be a waste of their vote, it seems as reasonable for some individuals to believe that voting for either Trump or Clinton... [tags: United States, Democracy, Voting]
871 words (2.5 pages)
- It is widely accepted that the Earth’s crust consists of several irregularly shaped tectonic plates, these make up the lithosphere and ‘float’ on the semi-molten asthenosphere below. These plates move due to convection currents within the asthenosphere, these currents are caused by heating of the lower mantle from the radioactive decay within the core, this causes the magma to rise, and as it reaches the top of the asthenosphere, it cools and sinks. These convection currents create friction on the bottom of the tectonic plates, and effectively drag the plates in different directions.... [tags: Plate tectonics, Volcano, Earth]
1194 words (3.4 pages)
- Margin Call depicts a realistic take on what happens inside a Wall Street firm. It is about a company that is downsizing their workers because of a firm’s crisis. One of the victims, Eric Dale, was working on a major analysis when he was laid off. He hands his coworker Peter Sullivan his USB, which contains the major analysis. Peter stays late and cracks the issues and calls his coworkers and bosses in about the financial disaster he had discovered. He had discovered that the company is about the crash.... [tags: film analysis]
1790 words (5.1 pages)
- Margin Call portrays the last night of good times on Wall Street; when a disastrous speculation in the mortgage markets is leading to the firm’s collapse. Its main focus is the actions taken by the employees during the subsequent financial collapse. The movie begins with the first victim Eric Dale, Head of Risk and Management, being fired from his position. On his way out the door, Eric Dale hands a USB drive to Peter Sullivan, a Senior Risk Analyst, who realizes the firm and the market are clearly trembling on the brink.... [tags: Wall Street, mortgage markets]
1727 words (4.9 pages)
- A Destructive Plate Margin and Constructive Plate Margin These are the plates and were they meet Were the arrows are pushing against each other this is called a DESTRUCTIVE PLATE MARGIN here a oceanic plate and a lighter continental plate push against each other the oceanic being heavier is pushed down into the mantle and melted down then the magma finds a crack or hole and pushes the magma above the ground to form a volcano. Where the plates are pulling away from each other this is called a CONSTRUCTIVE PLATE MARGIN here an oceanic and a continental plate pull apart from each other.... [tags: Papers]
365 words (1 pages)
- Art Appreciation Rathnasambhava, the Transcendent Buddha of the South and Madonna Enthroned are very similar images that were produced by very different cultures. Both images were produced during the 13th Century. The image of Rathnasambhava, the Transcendent Buddha of the South was produced in Tibet during an interesting period of the country’s religious history. The branch of Tibetan Buddhism is led by a religious and sometimes political leader called the Dalai Lama. It was during the 13th Century during the reign of Kublai Khan, around the time of the production of this painting, that Tibet experienced the first incarnation of the Dalai Lama.... [tags: Art Analysis ]
1488 words (4.3 pages)