Public Protection, Proportionality, and the Search for Balance

Authors

Benjamin J. Goold, Allard School of Law at the University of British ColumbiaFollow
Liora Lazarus, Allard School of Law at the University of British ColumbiaFollow
Gabriel Swiney

Faculty Author Type

Current Faculty [Benjamin Goold]

Document Type

Research Paper

Publication Date

2007

Subjects

United Kingdom; European Union; France; Germany; Spain; Human Rights; Security; European Court of Human Rights; Proportionality

Abstract

This report examines how courts in the UK and Europe respond when human rights and security appear to conflict. It compares cases from the United Kingdom, France, Germany, Spain, and the European Court of Human Rights (ECtHR). It examines how rights are applied and how courts use the concept of proportionality to mediate conflicts between rights and security. The report concludes that British courts are less consistent in their application of proportionality than countries with constitutional rights protections which tend to be more rigorous in their protections of rights than are countries, like the UK, that rely instead on the European Convention on Human Rights (ECHR).

Citation Details

Benjamin Goold, Liora Lazarus & Gabriel Swiney, "Public Protection, Proportionality, and the Search for Balance" (2007) 10:7 Ministry of Justice Research Series.