Lee HJ (2026)
Publication Type: Book chapter / Article in edited volumes
Publication year: 2026
Publisher: Springer Science and Business Media B.V.
Series: Law and Philosophy Library
Book Volume: 153
Pages Range: 227-243
DOI: 10.1007/978-3-032-22525-2_10
This chapter examines the European Court of Human Rights’ (ECtHR or “the Court”) application of the margin of appreciation doctrine in balancing national discretion with the universal human rights guarantees set forth in the European Convention on Human Rights (ECHR, “the Convention”). While the doctrine allows states flexibility to reflect cultural and legal diversity, its inconsistent application has at times permitted unjustified interferences with fundamental rights, particularly in cases involving discrimination against sexual minorities. Focusing on key judgments under Articles 8, 10, and 11 ECHR, the chapter argues that the Court should apply a narrower margin of appreciation where core rights and identity-based protections are at stake, with particular emphasis on human dignity and non-discrimination. To address the doctrinal ambiguity surrounding the doctrine, the chapter advocates for a more structured and transparent application of proportionality analysis to improve the consistency and clarity of rights adjudication. It further introduces the concept of ‘inter-legal reasoning’ to promote the systematic incorporation of relevant norms from domestic, regional, and international legal orders. This integrative approach strengthens both the normative coherence and legitimacy of the ECtHR’s jurisprudence. The chapter ultimately proposes a doctrinal framework that limits deference where minority protections are threatened and promotes principled adjudication through the complementary use of proportionality and inter-legal reasoning, thereby enabling the Court to reconcile national diversity with its foundational commitment to universal human rights.
APA:
Lee, H.J. (2026). Reassessing the Margin of Appreciation in ECtHR Jurisprudence: Inter-Legal Reasoning, Proportionality, and the Rights of Sexual Minorities. In (pp. 227-243). Springer Science and Business Media B.V..
MLA:
Lee, Hyun Jung. "Reassessing the Margin of Appreciation in ECtHR Jurisprudence: Inter-Legal Reasoning, Proportionality, and the Rights of Sexual Minorities." Springer Science and Business Media B.V., 2026. 227-243.
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