Suchergebnisse

The traditional explanations of Italy's post-Renaissance decline are almost too well-known to bear repeating: northern economic competition, the opening of new trade routes bypassing the Mediterranean, the French and Spanish invasions and eventual Spanish domination of much of the peninsula, and so on. There is no doubt they were of significance. But explicit in all of them are "foreign" influences of one sort or another: Italy is pictured as simply an unwilling but helpless victim of the rise of the European nationstates. It is suggested that the northern Italian states also posessed within themselves the seeds of decline. Inherent in their economy, in the structure of their society, and in their political institutions were forces which, together with forces from outside, shaped the character of post-Renaissance Italy. It is suggested further that these forces were discernible in many states by the end of the fifteenth century.

Abstract
The living instrument doctrine of the European Court of Human Rights (ECtHR) is criticised as restricting the margin of appreciation of States and expanding the scope of the European Convention on Human Rights (echr). Systematic examination of this claim is usually overlooked in the context of the relationship between the admissibility and merits phase of ECtHR cases. This article considers this claim in the context of jurisdictional arguments on incompatibility ratione materiae (subject matter outside the scope of the Convention) and the link to the merits of the case. Case law of the ECtHR from January 1979 to December 2016 is assessed to elaborate four models of interaction between the margin of appreciation and living instrument doctrines. The article argues the need to go beyond consideration of expansion and restriction of the scope of the echr, and to assess the Court's appetite for allocating new duties to States based upon the case arguments and positioning of living instrument and margin of appreciation doctrines.

The living instrument doctrine of the European Court of Human Rights (ECtHR) is criticized as restricting the margin of appreciation of States and expanding the scope of the European Convention on Human Rights (ECHR). Systematic examination of this claim is usually overlooked in the context of the relationship between the admissibility and merits phase of ECtHR cases. This paper considers this claim in the context of jurisdictional arguments on incompatibility ratione materiae (subject matter outside the scope of the Convention) and the link to the merits of the case. Case law of the ECtHR from January 1979 to December 2016 is assessed to elaborate four models of interaction between the margin of appreciation and living instrument doctrines. This paper argues the need to go beyond consideration of expansion and restriction of the scope of the ECHR, and to assess the Court's appetite for allocating new duties to States based upon the case arguments and positioning of living instrument and margin of appreciation doctrines. ; N/A