THE ORIGIN OF THE MARGIN OF APPRECIATION AND THE JURISPRUDENCE OF THE EUROPEAN SYSTEM OF HUMAN RIGHTS AND INTER-AMERICAN SYSTEM OF HUMAN RIGHTS

Abstract

This study seeks to study the margin of appreciation doctrine and its implementation by the European System of Human Rights and Inter-American System of Human Rights. This doctrine originated in the European System and was developed by the European Court jurisprudence. The Inter-American System (such as Inter-American Commission and State Party) used the doctrine based on the European Court of Human Rights jurisprudence. Despite being mentioned by Inter-American Court, the margin of appreciation has not been accepted by it.

Keywords

• judicial review, rule of law, margin of appreciation, european court of human rights, inter-american court of human rights.