The doctrine of the “margin of national appreciation” and the public administration: horizons and limitations of the conventionality control
The conventionality control, as a practice for safeguarding the empirical validity of the international human rights instruments, has experimented valuable developments with broad reception in the domestic judicial system. However, the critical warning of the limits of this test, to which all state...
Guardado en:
| Autor principal: | |
|---|---|
| Formato: | Artículo revista |
| Lenguaje: | Español |
| Publicado: |
Universidad Nacional del Litoral
2016
|
| Materias: | |
| Acceso en línea: | https://bibliotecavirtual.unl.edu.ar/publicaciones/index.php/Redoeda/article/view/7112 |
| Aporte de: |
| Sumario: | The conventionality control, as a practice for safeguarding the empirical validity of the international human rights instruments, has experimented valuable developments with broad reception in the domestic judicial system. However, the critical warning of the limits of this test, to which all state bodies are compelled, claims attention in the academic universe. The denominated “margin of national appreciation” was exposed as some criteria by virtue of which the States may outline interpretations dissimilar to those that result from the praxis of the international courts, to the extent that the case be of controversial topics and permissive of plural views. Regardless of the resistance it generates, it is an institute of interesting application, when the reality which the state authorities are faced with finds the apparently uniform answers from international hermeneutics as insufficient. Effectively, from the study of judicial precedents and of the doctrinal contributions, the possibility of conciliating the particular characteristics of the administrative function with the margin of national appreciation is noticed, as an opportunity for the conventionality control not to impose without hindrance criteria elaborated in distance from the local needs and be prone to collect the idiosyncrasy of the States. |
|---|