52. Taking account of the jurisprudence of the European Court of Human Rights.

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