Category: Law of Human Rights and Social Justice


The European Doctrine of Margin of Appreciation: What Asean Can Learn from its Concept and Application in Universalizing “Controversial” Asean Declaration of Human Rights?

The European Court of Human Rights has developed the doctrine of Margin of Appreciation in supervising when member states of the Council of Europe breach the European Convention of Human Rights (ECHR). This paper argues that the margin of appreciation is not a particularity in the traditional sense; it is a moderate way to bridge