| 释义 |
margin of appreciation
A concept created by the European Court of Human Rights to allow a certain amount of flexibility for each signatory state to regulate its own activities and its application of the European Convention on Human Rights without being subject to negative review by the Court. The concept will be formally included in the Convention as a result of Protocol 15, once this is ratified by every member state. This flexibility is not available to national courts when considering Convention issues arising within their own countries. However, in some cases the domestic courts, when reviewing decisions of public authorities under the Convention, may defer on democratic grounds to those elected bodies (see judicial deference). |