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Browsing Centre for Human Rights by Subject "Margin of appreciation"

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Appreciating diversity : is the doctrine of margin of appreciation as applied in the European Court of Human Rights relevant in the African human rights system?

Rubasha, Herbert (University of Pretoria, 2006)

"The purpose of this study is to interrogate the doctrine of margin of appreciation as applied in the European Court of Human Rights and establish amenable lessos to the African human rights system. As such, the author ...
Jurisdictional fiction? A dialectical scrutiny of the appellate function of the African Court on Human and Peoples' Rights

Adjolohoun, Horace Segnonna A.T. (Juta Law Journals, 2019)

It is established case-law of the African Court on Human and Peoples’ Rights that it does not assume appellate jurisdiction over national courts. In several decisions rendered since its inception, the Court has consistently ...

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