Damages in contract

Margin of appreciation in the European Court of Human Rights

Giles Bayliss explores the role of the European Court of Human Rights in determining whether a state is in breach of its obligations under the European Convention on Human Rights. He also examines the discretion it allows national courts in interpreting the convention

Giles Bayliss

This article is relevant to AQA A-level Paper 3B, OCR A-level Component 3, WJEC Units 3 and 4 and WJEC Eduqas Components 2 and 3, Section D.

The concept of the margin of appreciation (MOA) is central to an understanding of the relationship between the European Court of Human Rights (ECtHR) and national courts.