70
A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
pp. 34-36, §§ 13-14, Series A no. 3, and Ireland v. the United Kingdom,
cited above, §§ 194-96 and 212-13). It must now, therefore, consider
whether the United Kingdom’s derogation was valid.
(b) Whether the United Kingdom validly derogated from its obligations under
Article 5 § 1 of the Convention
(i) The Court’s approach
173. The Court reiterates that it falls to each Contracting State, with its
responsibility for “the life of [its] nation”, to determine whether that life is
threatened by a “public emergency” and, if so, how far it is necessary to go
in attempting to overcome the emergency. By reason of their direct and
continuous contact with the pressing needs of the moment, the national
authorities are in principle better placed than the international judge to
decide both on the presence of such an emergency and on the nature and
scope of the derogations necessary to avert it. Accordingly, in this matter a
wide margin of appreciation should be left to the national authorities.
Nonetheless, Contracting Parties do not enjoy an unlimited discretion. It
is for the Court to rule whether, inter alia, the States have gone beyond the
“extent strictly required by the exigencies” of the crisis. The domestic
margin of appreciation is thus accompanied by a European supervision. In
exercising this supervision, the Court must give appropriate weight to such
relevant factors as the nature of the rights affected by the derogation and the
circumstances leading to, and the duration of, the emergency situation (see
Ireland v. the United Kingdom, cited above, § 207; Brannigan and McBride
v. the United Kingdom, 26 May 1993, § 43, Series A no. 258-B; and Aksoy,
cited above, § 68).
174. The object and purpose underlying the Convention, as set out in
Article 1, is that the rights and freedoms should be secured by the
Contracting State within its jurisdiction. It is fundamental to the machinery
of protection established by the Convention that the national systems
themselves provide redress for breaches of its provisions, with the Court
exercising a supervisory role subject to the principle of subsidiarity (see Z
and Others v. the United Kingdom [GC], no. 29392/95, § 103, ECHR
2001-V). Moreover, the domestic courts are part of the “national
authorities” to which the Court affords a wide margin of appreciation under
Article 15. In the unusual circumstances of the present case, where the
highest domestic court has examined the issues relating to the State’s
derogation and concluded that there was a public emergency threatening the
life of the nation but that the measures taken in response were not strictly
required by the exigencies of the situation, the Court considers that it would
be justified in reaching a contrary conclusion only if satisfied that the
national court had misinterpreted or misapplied Article 15 or the Court’s
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