“…When may these restrictions not be justified with reference to the constitutional and historical background of the respondent state? 62 The doctrine takes other 'manifestations' as well, including 'the Court's respect for the facts as established by the domestic courts or their interpretation of domestic law'. 63 The doctrine is irrelevant for specific Convention rights, a point which is returned to below.…”
Section: Three Elements Of Article 1 Of Protocol 15 In Context the Margin Of Appreciationmentioning
“…When may these restrictions not be justified with reference to the constitutional and historical background of the respondent state? 62 The doctrine takes other 'manifestations' as well, including 'the Court's respect for the facts as established by the domestic courts or their interpretation of domestic law'. 63 The doctrine is irrelevant for specific Convention rights, a point which is returned to below.…”
Section: Three Elements Of Article 1 Of Protocol 15 In Context the Margin Of Appreciationmentioning
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