| This thesis addresses numerous key points on the application of the margin of appreciation principle in relation to Article 9 (2) of the European Convention on the Protection of Human Rights and Fundamental Freedoms ('Convention').1.;1Carolyn Evans: Freedom of religion under the European Courts of Human Rights; Oxford University Press. 2001 p. 51. 2Harris, O'Boyle & Warbrick: Law of the European Convention on Human Rights 2nd. edition, Oxford University Press, 2009. p. 11. 3Jill Marshall: Personal Freedom through Human Rights Law? Martinus, Nijhoff Publishers 2009. p. 42.;In general terms, the margin of appreciation doctrine means that the State is allowed a certain measure of discretion, subject to European supervision, when it takes legislative, administrative, or judicial action in the area of a Convention right.2 The margin of appreciation is given to Contracting States to allow variation amongst them in terms of interpretation of the rights guaranteed.3. |
