Which of the following statements most accurately describes the extent of the UK courts' duty to consider or apply the decisions of the ECtHR?
A) The UK courts must follow the 'constant jurisprudence' established by the ECtHR through a succession of decisions, although individual decisions of the court are not binding.
B) The UK courts are bound to follow any decision of the ECtHR that is on point, subject only to any right to rely upon a 'margin of appreciation'.
C) The UK courts are free to disregard the jurisprudence of the ECtHR, by virtue of the 'free-standing model of incorporation' adopted by the UK.
D) The UK courts must 'take into account' all relevant decisions of the ECtHR in interpreting the Convention, but need not follow the court's approach.

Question

Quizplus · Accepted Answer

The UK courts are required by the Human Rights Act 1998 to "take into account" the jurisprudence of the European Court of Human Rights (ECtHR) when interpreting Convention rights, but they are not bound to follow it. This allows for some flexibility in the application of ECtHR decisions.

Which of the Following Statements Most Accurately Describes the Extent