Recommendation 35

We do not agree that the application of the principle of proportionality has given rise to significant problems in practice. It is a valuable tool that is necessary to the understanding and enforcement of qualified rights under the ECHR. The proposed changes to the court’s assessment of proportionality are neither necessary nor beneficial. If too much emphasis is placed on the assessment of proportionality or public interest by the legislature, the court may be inhibited in its ability to carry out the proportionality assessment itself. This risks Parliament and the executive trespassing on the Court’s constitutional function, thereby damaging the separation of powers. It also risks victims being denied their rights without justification. (Paragraph 144) Duties on Public authorities