Unfettered discretion

Unfettered discretion is contrary to the Rule of Law principles of certainty, predictability and protection from arbitrary decisions.

(see the section on The Rule of Law for a fuller explanation of these concepts.)

In Marckx V Belgium, the European Court for Human Rights stated:

           ‘the object of the Article [8] is “essentially” that of protecting the individual      against arbitrary interference by the public authorities. 

                Marckx./.Belgium