BSIS lecturer Dr Yutaka Arai contributes to a new publication focussing on the European Court of Human Rights in Strasbourg. This paper is based on a philosophical analysis of one of the most controversial doctrines applied by the European Court of Human Rights in Strasbourg. It aims to be distinguishable from other literature dealing with this doctrine by providing thorough appraisals of theories derived from international human rights law and comparative constitutional laws. Its purported objective is to identify European ‘constitutional’ nature of ‘margin analysis’.
European Court of Human Rights in a National, European and International Context. In: European Court of Human Rights in a National, European and International Context. Cambridge University Press : http://www.cambridge.org/gb/academic/subjects/law/human-rights/constituting-europe-european-court-human-rights-national-european-and-global-context