Consensus and the Intensity of Judicial Review in the European Court of Human Rights

Soledad Bertelsen

doi:10.1007/978-3-319-55186-9_16

Consensus and the Intensity of Judicial Review in the European Court of Human Rights

Soledad Bertelsen^*

^*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

Abstract

The use of consensus as a factor of the margin of appreciation has been highly criticized for clashing with fundamental ideas of human rights theory. In this article I am going to address the main criticisms consensus receives and suggest a different use of this factor by human rights courts.

Original language	English
Title of host publication	Ius Gentium
Publisher	Springer Science and Business Media B.V.
Pages	295-311
Number of pages	17
DOIs	https://doi.org/10.1007/978-3-319-55186-9_16
State	Published - 2017

Publication series

Name	Ius Gentium
Volume	61
ISSN (Electronic)	2214-9902

Bibliographical note

Publisher Copyright:
© 2017, Springer International Publishing AG.

Keywords

Consensus, margin of appreciation
European Court of Human Rights

Access to Document

10.1007/978-3-319-55186-9_16

Cite this

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Consensus and the Intensity of Judicial Review in the European Court of Human Rights

Abstract

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Bibliographical note

Keywords

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Cite this