This Practice Note considers the doctrines of judicial deference and the margin of appreciation in the context of human rights law. Judicial deference (the weight given to the views of Parliament and executive as to proportionality of the interference), and the margin of appreciation (the leeway enjoyed by States to evaluate local needs and conditions impacting on implementing human rights), assist in determining whether a decision on point in a case constitutes a proportionate interference with one or more Convention rights within the competence of the legislature or executive.
Under the Human Rights Act 1998 (HRA 1998) public authorities are required act in a way that is compatible with Convention rights. Whether a body is a public authority for the purposes of the HRA 1998 can be determined on whether they are a core or non-core public authority. This Practice Note outlines the case law for both core and non-core public authorities and circumstances to take into account.
This Practice Note considers the law around whether the decisions in cases taken to Strasbourg are binding on the UK. It outlines how the Human Rights Act 1998 gives effect to Convention rights and the extent of the mirror principle.
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