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The practice of margin of appreciation doctrine upon the limitation of freedom of expression in ECTHR judgements

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2023
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Abstract (EN)

This thesis focuses on explaining the practise of the margin of appreciation doctrine in regard to the limitation of freedom of expression which is an inexpensible freedom for a democratic society. In the first chapter, the term freedom of expression which lies on the 10th Article of European Convention on Human Rights is analised and the extent of the said freedom is defined. Following, the restriction regime under the European Convention on Human Rights and the term "needed in a democtratic society" is explained in the scope of the principle of proportionality. The second chapter of the study devoted to the margin of appreciation doctrine. In this context, the conceptual and chrononical process of the margin of appreciation doctrine is followed and the factors that define the extent of the doctrine as European concensus and cultural relativity are explained. The third and the last chapter of the thesis is focused on the margin of appreciation doctrine practise in limitation of freedom of expression. Upon that, the Court considers the factors like the substance and the context of the expression, the subject of the expression, the place or the time the expression is made or the form and the tool the expression is conveyed upon the wideness of the margin of appreciation.

Author

Meltem Kara

How to Cite

Meltem Kara (Master Thesis). The practice of margin of appreciation doctrine upon the limitation of freedom of expression in ECTHR judgements, 2023, Çankaya University.

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