The Relationship between the European Court of Human Rights and National Legislative Bodies: Considering the Merits and the Risks of the Approach of the Court in Surveillance Cases

Maria Helen Murphy
Volume 3 Issue 2 Article 4
This article examines the relationship between the European Court of Human
Rights and domestic legislatures in the surveillance context. Specifically, this
article considers how the analytical approach of the Strasbourg Court in
surveillance cases influenced the formulation of the Interception of Postal
Packets and Telecommunications Messages (Regulation) Act 1993. This article
argues that the focus of the European Court of Human Rights on the “in
accordance with the law” limb of Article 8(2) E.C.H.R has encouraged the lax
consideration of proportionality at the domestic level. Notably, however, this
article identifies a shift in the case law that suggests the approach of the
Court is developing and that there is potential for improved protection of the
right to respect for private life in the future.



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