Date of Award
Spring 4-17-2015
Document Type
Thesis
Degree Name
Bachelor of Arts
Department
International Studies
First Advisor
David Rowe
Second Advisor
Ryan Phillips
Abstract
The purpose of this thesis is to determine why the European Court of Human Rights treats Article 9 (freedom of thought conscience, and religion) differently than other personal freedom articles with similar restriction clauses. To answer this question, the theory of a secular bias or Islamophobia on the part of the Court is first examined. Then, the structure of the Court and its effect on judicial decision-making is examined using various models. The author finds theories of a secular bias not persuasive and holds that the Court's decision-making is largely affected by the issue of non-compliance, which makes the Court rule strategically.
Recommended Citation
Randhawa, Kelsey L., "Explaining the Margin: The Margin of Appreciation Doctrine in Article 9 Jurisprudence of the European Court of Human Rights" (2015). Honors Theses. 131.
https://digital.kenyon.edu/honorstheses/131
Rights Statement
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