AN OVERVIEW OF THE DOCTRINE OF MARGIN OF APPRECIATION IN INTERNATIONAL HUMAN RIGHTS JURISPRUDENCE

Abstract

The doctrine of Margin of Appreciation refers to the allowances accorded to national authorities by international judicial bodies or courts especially those in the realm of human rights in adjudication to take certain decisions which though may depart slightly or to a large extent from some certain norms established international conventions in the interest of national security, public safety, national emergency or some other domestic policy considerations in order to address the peculiar circumstances of that state or to advance the objective of the respective national authority. The doctrine of margin of appreciation appears to be an innovation of the European Court of Human Rights (ECtHR) which has greatly influenced other international human rights bodies such as the Inter American Court of Human Rights (IACHR). This doctrine is resorted to in legitimizing the decision or conducts of national authorities in the face of seemingly competing moral convictions or individual rights and national interest. This paper would explore the application, justification and criticisms of the doctrine as well as the approach of selected international courts to the doctrine. This paper concludes that despite the arguments advanced against the application of the doctrine, its proper application can promote positive synergy between national authorities and international bodies in the protection and enforcement of human rights. This work adopts Qualitative and Doctrinal method of research.