Recommendation 6

In considering the extent to which the domestic courts should be restricted to merely keeping pace with the Strasbourg case-law, the current balance that has been struck by the case law is sensible. It enables domestic courts to apply the Convention to the domestic context, with their greater understanding of the domestic system, whilst The Government’s Independent Review of the Human Rights Act 81 also ensuring that cases that would be a significant step forward in interpreting a Convention right would need to go to Strasbourg. It would seem unhelpful to seek to reopen this careful balance.