Devil’s in details
Fundamental values possess an irreducible minimum so the balance between policy and rights (or judiciary and government) is surely a matter for national “constitutions”.
Originally there was a “margin of appreciation” which allowed member states some latitude in interpreting Strasbourg court judgments according to national traditions.
Advertisement
Hide AdAdvertisement
Hide AdSo decisions on minutiae should not be seen as binding but simply taken into account and our courts should stop deferring to Strasbourg on every issue and develop their own rulings.
(Dr) John Cameron
Howard Place
St Andrews