A court or tribunal1 determining a question which has arisen in connection with a Convention right2 must take into account any relevant jurisprudence of the European Court of Human Rights and the European Commission on Human Rights3. What is 'relevant' is in the discretion of the court or tribunal4. The extent to which domestic courts should follow European jurisprudence is not clear other than inasmuch as that they cannot completely disregard it, and it has been held that they should follow it if it is clear and constant5, although there are also decisions to the effect that they can
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234