A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
73
response to the danger from al-Qaeda, although other States were also the
subject of threats, the Court accepts that it was for each Government, as the
guardian of their own people’s safety, to make their own assessment on the
basis of the facts known to them. Weight must, therefore, attach to the
judgment of the United Kingdom’s executive and Parliament on this
question. In addition, significant weight must be accorded to the views of
the national courts, which were better placed to assess the evidence relating
to the existence of an emergency.
181. On this first question, the Court accordingly shares the view of the
majority of the House of Lords that there was a public emergency
threatening the life of the nation.
(iii) Whether the measures were strictly required by the exigencies of the
situation
182. Article 15 provides that the State may take measures derogating
from its obligations under the Convention only “to the extent strictly
required by the exigencies of the situation”. As previously stated, the Court
considers that it should in principle follow the judgment of the House of
Lords on the question of the proportionality of the applicants’ detention,
unless it can be shown that the national court misinterpreted the Convention
or the Court’s case-law or reached a conclusion which was manifestly
unreasonable. It will consider the Government’s challenges to the House of
Lords’ judgment against this background.
183. The Government contended, firstly, that the majority of the House
of Lords should have afforded a much wider margin of appreciation to the
executive and Parliament to decide whether the applicants’ detention was
necessary. A similar argument was advanced before the House of Lords,
where the Attorney-General submitted that the assessment of what was
needed to protect the public was a matter of political rather than judicial
judgment (see paragraph 19 above).
184. When the Court comes to consider a derogation under Article 15, it
allows the national authorities a wide margin of appreciation to decide on
the nature and scope of the derogating measures necessary to avert the
emergency. Nonetheless, it is ultimately for the Court to rule whether the
measures were “strictly required”. In particular, where a derogating measure
encroaches upon a fundamental Convention right, such as the right to
liberty, the Court must be satisfied that it was a genuine response to the
emergency situation, that it was fully justified by the special circumstances
of the emergency and that adequate safeguards were provided against abuse
(see, for example, Brannigan and McBride, cited above, §§ 48-66; Aksoy,
cited above, §§ 71-84; and the principles outlined in paragraph 173 above).
The doctrine of the margin of appreciation has always been meant as a tool
to define relations between the domestic authorities and the Court. It cannot
have the same application to the relations between the organs of State at the
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