ABSTRACT
This chapter argues that the Court should be willing to take into account the domestic separation of powers and the limits of domestic courts in implementing judgments requiring legislative change. In substantive law, a more consistent use of the margin of appreciation will enhance rather than prevent a more effective implementation that leaves domestic courts the necessary discretion to apply the case law to the situation sur le terrain. The security detentionfor the direct effect–or lack of it–of European Court of Human Rights judgments. The balancing between private rights is usually not the task of constitutional or human rights courts, but a question of the proper application of domestic legislation by regular courts. A balance should thus be struck by according a margin of appreciation to the State courts and by allowing domestic courts leeway in fitting in the Convention into the broader domestic legal framework.
