Research On The Margin Of Appreciation Under European Court Of Human Rights

The European Court of Human Rights applied the principle of Margin of Appreciation for the first time in the 1976 Handyside v.United Kingdom case.Since then,the Court began to develop relevant theory of the principle and has paid more and more attention to application of the principle during its trial.In 2013,Article 1 of Protocol No.15 of the European Convention on Human Rights added the principle to tits preamble,making it one of the basic principles for courts.Amid decades of the development of the theory of the principle,the Court has been trying to expand,improve and regulate the application of the principle.From the simple discussion of the concept,the Court has developed a relatively systematic application procedure and has made clear some of the factors that should be referred to in the application of the principle.The principle of Margin of Appreciation plays an important role in balancing the super national role of the Court and respecting the autonomy of national authorities in deciding their own human rights affairs.However,it is also controversial due to its unclear application standards,vague scope and inconsistency.In the process of its application and development by other regional human rights judicial institutions and the United Nations,the Inter American Court of Human Rights and The African Court of Human Rights and National Rights tend to respond actively to the core value of Margin of Appreciation but the UN Human Rights Committee tends to deny it,arguing that it might undermine the maintenance of international uniform human rights standards to a certain extent.From the perspective of Article 9 of the Convention on freedom of religious belief,this paper closely follows the trial practice of the Court,analyzes the latest cases and classic cases of the application,discuss and studies the origin,development,scope and relevant factors,and then affirmed the positive value of the protection of human rights.On the basis of the analysis,the paper gives corresponding countermeasures according to the shortcomings and problems during the process of the trial.Finally,the article analyzes and studies the application of the Court and other regional human rights mechanisms and the UN Human Rights Committee,so as to explore the value and contribution of the principle of Margin of Appreciation to the development of international human rights law.