Recommendation 14

The doctrine of judicial restraint is very effective. The principle of comity is part of our constitutional culture and it is unlikely to be improved upon by legislating. Legislating for certain areas to fall outside the institutional competence of UK courts could risk unintended consequences, such as impeding access to justice. It could upset the delicate constitutional balance of upholding both parliamentary sovereignty and the rule of law. (Paragraph 60) Compatibility of legislation with human rights: Sections 3 and 19