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KembaraXtra – Legal Terms – Necessary in a Democratic Society
The phrase necessary in a democratic society appears in several provisions of the European Convention on Human Rights.
It allows certain rights under the Convention to be restricted where the restriction is proportionate and justified in the public interest.
This expression recognizes that some individual freedoms may be limited for reasons such as public safety, national security, or the protection of the rights of others.
Courts examine whether the interference responds to a pressing social need and whether the restriction goes no further than required.
The concept is closely linked with the doctrine of proportionality in human rights law.
The phrase necessary in a democratic society appears in several provisions of the European Convention on Human Rights.
It allows certain rights under the Convention to be restricted where the restriction is proportionate and justified in the public interest.
This expression recognizes that some individual freedoms may be limited for reasons such as public safety, national security, or the protection of the rights of others.
Courts examine whether the interference responds to a pressing social need and whether the restriction goes no further than required.
The concept is closely linked with the doctrine of proportionality in human rights law.
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