Research On The Margin Of Appreciation Doctrine Under The European Court Of Human Rights

Margin of Appreciation Doctrine is one of the basic principles of the European Court of Human Rights.In recent years, the principle is widely used in the European Court of Human Rights, caused a wide attention and discussion of foreign scholars. In 2013, Protocol No.15 of European Convention on Human Rights stipulated margin of appreciation doctrine in article 1 in preface, make it become a universal and clearly stipulated principle.European is the most developed area of regional human rights protection,margin of appreciation doctrine is gradually taken seriously by the European Court of Human Rights from practice to legislative level, and increasingly play an important role in the European human rights protection mechanism.But the principle has a great controversy in foreign scholars and it is paid little attention by domestic scholars at present. To explore such a principle has a great value.Chapter One belongs to the backbone of this paper, have the effect of theoretical support.This chapter mainly analyzes the basic theory on the margin of appreciation doctrine under the European Court of Human Rights. Firstly,to introduce the basic principles of the European Court of Human Rights, as well as the connotation of margin of appreciation doctrine. And then to explore the theoretical origin of margin of appreciation doctrine, analyze the background to create margin of appreciation doctrine. Finally, analyzes the relations between margin of appreciation and the principle of subsidiarity and the principle of proportionality.To realize a deeper understanding of margin of appreciation doctrine.Chapter Two and Chapter Three are Parallel,constitute the two wings of this paper.Chapter two mainly explores the expansion of margin of appreciation doctrine’s application scope.The application scope of margin of appreciation doctrine has extended from originally applied only to state emergency cases to non-state emergency cases, this chapter from the perspective of case law to reveal the process of the expansion, and on this basis, sum up the expansion characteristics.Chapter Three will be on the basis of Chapter Two,research on European Court of Human Rights precedents to explore how the court apply the margin of appreciation doctrine.Finally,sum up the general evaluating factors of margin of appreciation in the specific case application.Chapter Four will be on the basis of the first three chapters,which elaborate in theory and practice level, looking forward to the possible influence of margin of appreciation doctrine under European Court of Human Rights on the international protection of human rights and margin of appreciation in sense of international law.