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To what extent, if any, has the margin of appreciation come to be seen as a matter of right by states rather than as a matter of judicial restraint and discretion exercised by the ECtHR? Could the rights contained within the ECHR have been properly respected and upheld in the UK by a means other than incorporation?
To what extent, if any, has the margin of appreciation come to be seen as a matter of right by states rather than as a matter of judicial restraint and discretion exercised by the ECtHR? Could the rights contained within the ECHR have been properly respected and upheld in the UK by a means other than incorporation?
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