Discretionary Area of Judgment

Discretionary Area of Judgment in United Kingdom

Definition of Discretionary Area of Judgment

In accordance with the work A Dictionary of Law, this is a description of Discretionary Area of Judgment : A concept used in some cases in the domestic courts when reviewing decisions of public authorities under the *European Convention on Human Rights. The concept allows the courts to defer on democratic grounds to the decisions of elected bodies. It follows from the fact that the concept of the *margin of appreciation is not applicable in the domestic courts.


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