Human Rights

The Conservative Front-Bench spokesman raised the issues of the margin of appreciation and of proportionality, which are of course interpreted by our courts domestically. The European Court of Human Rights is reluctant to interfere with such domestic court decisions unless absolutely necessary. If there is no domestic court ruling, it is more likely that a claimant would be found against when interpreting the margin of appreciation and proportionality, rather than the other way round, simply because we would not have that domestic element to rely on.