‘Activism and self-restraint: the margin of appreciation’s Strasbourg career… its ‘coming of age’?’

This article examines the MoA’s role as a standard-setting doctrine contextualised to the Convention’s overall development (the MoA’s “Strasbourg career”). This has not been done before.4 Via this “career view”, we can obtain a panoramic perspective, giving us an insight into why, beyond individual cases, the MoA has been disputed and criticised, enabling us to see the contemporary era, including Protocol 15, in a broader context. [Taken from introduction]