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COMMENTS 

Brexit in the Supreme Court: Your Questions Answered

The Supreme Court will be the centre of political attention this week when the government’s appeal of last month’s High Court ruling on the triggering of Article 50 is heard. Robert Hazell and Harmish Mehta offer an overview of what the case is about, the likely outcome and its implications for the Brexit timetable.
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Starts: Dec 5, 2016 12:00:00 AM

The Constitution of Democracy

Albert Weale argues that the Article 50 case did not represent the judges against the people, as some newspaper headlines suggested, but the judges for the people. More...

Starts: Nov 18, 2016 12:00:00 AM

The Brexit Brokers

Meet the people who will deal the cards that could seal Britain's fate - on Europe's behalf.
Uta Staiger and Nicholas Wright (UCL)
18 November 2016
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Starts: Nov 18, 2016 12:00:00 AM

Dean Spielmann: Whither the margin of appreciation?

Publication date: Nov 13, 2013 04:48 PM

Start: Mar 20, 2014 12:00 AM

20 March 2014
This lecture by the current President of the European Court of Human Rights on a key issue in European human rights jurisprudence will be chaired by The Rt Hon The Lord Neuberger.


When:

20 March 2014

6.00-7.00pm

Where:

UCL Laws

Registration

 

Chaired by The Rt Hon The Lord Neuberger
Current Legal Problems Lecture Series 2013-14
UCL Faculty of Laws

Academic or general interest in this topic? See our related online resource collection!

Abstract: The doctrine of the margin of appreciation may be regarded as being among the most prominent judge-made legal constructs in European human rights jurisprudence. It is an analytical tool that guides the European Court in its examination of the complaints raised under many, but not all, provisions of the Convention and its Protocols. It makes for a body of human rights law that accepts pluralism over uniformity, as long as the fundamental guarantees are effectively observed. Alongside its normative function, the doctrine pursues what may be termed a systemic objective. It devolves a large measure of responsibility for scrutinising the acts or omissions of national authorities to the national courts, placing them in their natural, primary role in the protection of human rights. It is therefore neither a gift nor a concession, but more an incentive to the domestic judge to conduct the necessary Convention review, realising in this way the principle of subsidiarity. Protocol No. 15, adopted in May 2013 and currently in the process of ratification by the 47 Contracting Parties, will add to the Preamble of the Convention references to both the margin of appreciation and subsidiarity. What are the implications of this reform for the Strasbourg Court? And for national courts?


Biography: Dean Spielmann studied at the Catholic University of Louvain (Belgium) and Fitzwilliam College, Cambridge (United Kingdom). He became a member of the Luxembourg Bar in 1989. As a lawyer he worked in various fields, including administrative law, civil and criminal law and human rights law. He acted as Counsel in a number of cases before the Commission and Court of Human Rights in Strasbourg. He was also a member of the Bar Council and the Disciplinary and Administrative Council of the Legal Profession, as well as sitting on various committees of the Council of Bars and Law Societies of Europe (CCBE).