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judicial deference


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A concept sometimes deployed by the domestic courts when reviewing the compliance of legislation passed by Parliament with the European Convention on Human Rights. According to the decision of Lord Woolf in R v Lambert [2001] UKHL 37, [2002] 2 AC 545: “…legislation is passed by a democratically elected Parliament and therefore the courts under the Convention are entitled to and should, as a matter of constitutional principle, pay a degree of deference to the view of Parliament as to what is in the interest of the public generally when upholding the rights of the individual under the Convention.” (Compare, however, Lord Bingham in A v Secretary of State for the Home Department [2004] UKHL 56,2 AC 68.) The idea of judicial deference follows from the fact that the margin of appreciation is not applicable in the domestic courts.

Subjects: Law.


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