Do you agree with the view that the doctrine of a margin of appreciation is ‘essential to retain state confidence in the operation of the system’? Sir Stephen Sedley has suggested that following the enactment of the HRA 1998, ‘the margin of appreciation was always going to be a headache’

Writing Nov 26, 2020

Do you agree with the view that the doctrine of a margin of appreciation is ‘essential to retain state confidence in the operation of the system’? Sir Stephen Sedley has suggested that following the enactment of the HRA 1998, ‘the margin of appreciation was always going to be a headache’. What do you think he meant by this? Do you agree with his view?