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The "Anti-Deference" Device: Article 18 Of The European Convention On Human Rights, Jeffrey D. Kahn
The "Anti-Deference" Device: Article 18 Of The European Convention On Human Rights, Jeffrey D. Kahn
Faculty Journal Articles and Book Chapters
This article makes two principal arguments. First, the limitation on restricting rights that is established by Article 18 of the European Convention on Human Rights is the mirror image of the margin of appreciation doctrine created by the European Court of Human Rights. As such, exploring the metes and bounds of Article 18 aids our understanding of that judicially created doctrine. Parts II and III explore this connection and the origins of this limitation on Member States.
The second argument is a practical application of the first one. Russian accession to the Convention and membership in the Council of Europe …