-
Abstract
Although the American doctrine of levels of scrutiny and the European concept of margin of appreciation are regularly compared as typical instances of deferential judicial decision-making, this article argues that owing to the institutional setting in which they operate, the differences between the two are notable. It is also argued that the social consequences of the application of the two concepts may even be radically opposed.
European Journal of Law Reform |
|
Article | The Margin of Appreciation in the ECtHR’s Case LawA European Version of the Levels of Scrutiny Doctrine? |
Keywords | ECHR, judicial deference, levels of scrutiny, margin of appreciation, U.S. federalism |
Authors | Koen Lemmens |
DOI | 10.5553/EJLR/138723702018020002005 |
Author's information |
Purchase access
You can purchase online access to this article. You will receive 24 hrs access @ € 17,50 (excl. VAT).
24 hrs access | € 17,50 (excl. VAT) |
Activate your code
If you have an access code, please activate it here.