The use of consensus as a factor of the margin of appreciation has been highly criticized for clashing with fundamental ideas of human rights theory. In this article I am going to address the main criticisms consensus receives and suggest a different use of this factor by human rights courts.
CITATION STYLE
Bertelsen, S. (2017). Consensus and the Intensity of Judicial Review in the European Court of Human Rights. In Ius Gentium (Vol. 61, pp. 295–311). Springer Science and Business Media B.V. https://doi.org/10.1007/978-3-319-55186-9_16
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