Recommendation 4

The requirements of section 2 HRA strike the correct balance in that the UK courts take into account relevant considerations, but are not bound by them. The domestic courts are not unduly constrained by section 2 HRA as cases where the domestic courts have departed from Strasbourg case-law illustrate. Importantly, even in these cases the domestic courts do have regard to relevant ECHR case-law, so as to best consider how the applicable human rights standards should be applied in the UK context. It is only by UK courts having appropriate regard to the relevant case-law that they can engage with it appropriately, reach the correct results and engage in fruitful judicial dialogue with the Strasbourg Court.