Public Protection, Proportionality, and the Search for Balance

Ministry of Justice Research Series 10/07, September 2007

70 Pages Posted: 22 Mar 2012

See all articles by Benjamin J. Goold

Benjamin J. Goold

University of British Columbia - Faculty of Law

Liora Lazarus

Peter A. Allard School of Law, University of British Columbia

Gabriel Swiney

affiliation not provided to SSRN

Date Written: September 2007

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).

Keywords: United Kingdom, European Union, France, Germany, Spain, Human Rights, Security, European Court of Human Rights, Proportionality

Suggested Citation

Goold, Benjamin J. and Lazarus, Liora and Swiney, Gabriel, Public Protection, Proportionality, and the Search for Balance (September 2007). Ministry of Justice Research Series 10/07, September 2007, Available at SSRN: https://ssrn.com/abstract=2022365

Benjamin J. Goold (Contact Author)

University of British Columbia - Faculty of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada
(604) 822-3752 (Phone)

HOME PAGE: http://www.bjgoold.net/

Liora Lazarus

Peter A. Allard School of Law, University of British Columbia ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

Gabriel Swiney

affiliation not provided to SSRN

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