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Human Rights and Wrongs

The Reith Lectures

CHAPTER

The Implications of the Strasbourg Court on Democracy

Not everything that a democratic Parliament does is consistent with a democratic constitution. The problem can be most clearly seen in decisions about qualified Convention rights. This poses in an acute form the role of judges in a democracy. Who is to decide what is necessary in a democratic society? Or what purpose is a legitimate? or what is a fair balance between the individual and the community?

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