How Should Personal and Political Autonomy Feature in the ECtHR’s Margin of Appreciation?

Abstract Courts are often criticised as undemocratic. The backlash against international courts in the last decade is also partly driven by this concern. Human rights courts’ legitimacy particularly challenged because they aim to protect human very states that need comply with and implement judgements. Therefore, several have developed mechanisms of deference states. One especially interesting tool European Court Rights’ margin appreciation doctrine. This paper proposes can ensure conditions personal autonomy protecting while respecting democratic decisions Yet, states’ should only be respected insofar realise political autonomy. Understanding way allows us critically evaluate arguments made under label. reviews developments ECtHR practice regard (a) different cases use doctrine, (b) appeals a consensus, (c) procedural turn its review assesses whether how justified light considerations about