Recommendation 8

Section 2 HRA plays a crucial role in ensuring that UK judges have regard to matters that are relevant to cases before them, without unduly constraining them in their deliberations. It thus plays a vital role in ensuring that UK reasoning is fully understood by the ECtHR and, therefore, that the UK is accorded the full margin of appreciation available. It also facilitates a very healthy state of judicial dialogue, thus enabling UK judicial reasoning to have a significant impact on ECtHR reasoning. It also means that our courts take the action necessary to ensure that UK cases do not need to end up in Strasbourg. As such, section 2 HRA should be retained and we do not see any need to amend it.